A reengenharia da responsabilidade civil na sociedade de riscos: da culpa à socialização dos riscos.

Abstract

Starting with the analyses of the concept and extension of civil liability, which transits from culpability to the inherent risk of an activity, admitting certain modalities of subjective and objective responsibility, situating the theme in the scenario of a risk society, in which secondary risks are not entirely calculable. In this context, new tendencies in civil liability, focused on the effective reparation of damages through traditional means in association with new mechanisms marked by the socialization of responsibility are discussed. The domain of civil liability is augmented to include relevant matter in reparation of damages. If guilt is the foremost element in subjective civil liability, in objective liability that element is the distribution of burden amongst those who perceive direct benefits from the risk activity. In a risk society, admissibly the distribution of wealth and of the positive effects of progress enable the socialization of risk, these being the inexorable consequence of science, technology, productive processes, etc. In this fashion, not only private initiative, but also society and even the State, is called upon to face up to the secondary risks of activities, through instruments of collective liability.