RESPONSABILIDADE CIVIL NO TRÂNSITO EM CASOS DE INVALIDEZ PERMANENTE: A RESPONSABILIDADE DE INDENIZAR DE QUEM DEU CAUSA AO ACIDENTE

Abstract

Civil liability is a consequence of the evolution of human beings living in society. This coexistence model generates risks, which generate rights, and consequently also generate duties for all who The relevance of the theme for the academic world and for society in general, is necessary because it is a subject that is, and will always be current, due to the constant changes in standards and their interpretations, and the need to follow the evolution behavior of society as a whole. For the development and preparation of this course completion work, the method used was descriptive, consisting mainly of books and scientific articles related to the subject. That said, the study provides a diagnosis of the general aspects of civil liability, its specificities, and the rights and duties of those involved. In order to understand and reach a better understanding in relation to duty, and the responsibility of those who cause harm to someone, the origin and historical evolution of civil liability was initially addressed, its rules since the time of private revenge, of the first and of the current provisions foreseen in our legal system, and the way they were, and are being applied in contemporary practical cases. In a second moment, the types and types of damages that arise specifically from civil liability due to traffic accidents were set out. Then, the duty to indemnify in cases of permanent disability, its concept, and the criteria for reaching the indemnity quantum were discussed. The last part of this work was about Dpvat Insurance, its origin and its history to the present day, the controversies and accusations of fraud involving Seguradora Líder and its associates, its consequent dismissal at the end of 2020, and the criticisms for the choice of Caixa Econômica Federal by SUSEP for the management and management of said insurance as of 2021. Finally, in relation to civil liability, in the course of the work, it can be noted through the citations of specific cases that ended up in court, that it is not possible to build a standard that measures the extent to which the liability of those who cause permanent damage goes to someone as a result of a traffic accident. The conclusion, based on the judgments and the precedents presented, is that, in each case, the circumstances in which the fact occurred, and other aspects in relation to the types of damages suffered individually by each victim, must be taken into account.