A flexibilização do nexo causal no direito brasileiro

Abstract

In a hyperconsumerist and risky society, marked by information, complexity and uncertainty, the flexibilization of the causal nexus arises as a doctrinal adaptation of the institute to the new times, in which technology influences incisively in social and economic relations, assuming a fundamental role in progress of humanity, but whose unbridled advance can lead to irreparable damage of colossal proportions. Considering this problem, the present work aimed to investigate the nexus of causality, as a presupposition of Civil Responsibility, and prospect its current forms, with the coexistence of classical theories and new theories, which are in continuous expansion by the doctrine. Unprecedented forms of causality began to be identified, and old problems of cause and effect were revisited in order to provide a just – or more adequate – solution to all these situations. In order to do so, a quantitative and qualitative survey was made about them, specifically appreciating the new theoretical tendency of flexibilization of the causal link, in order to guarantee a better treatment to the victim, who in many situations is helpless, for precisely not being characterized etiological component, given the difficulty of analyzing it in several new cases. The results demonstrated that, as a branch of law that acts directly on damages and is more open to the influxes of social changes, Civil Liability faces the challenge of new forms of causality and new damages, deserving that its institutes be rethought and placed in tune with the current situation.