CREATED RISK OR PROFITABLE RISK? – PERSPECTIVE AND PROSPECTIVE ANALYSIS OF THE ARTICLE 927 FROM BRAZILIAN CIVIL CODE

Abstract

The adoption of the general clause of liability without guilt by Brazilian’s 2002 Civil Code has brought the debate about which theory is below the legal text. The responsible must have obtained some benefit or his liability is explained simply by the created risk itself? The article analyses the courts’ precedents and points the doctrinal tendencies about it, built upon the established priority to compensate the victim, considering the human dignity constitutional principle.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />