A responsabilidade pela perda de uma chance: reflexões sobre sua natureza jurídica que ainda prevalecem

Abstract

Initially a general approach will be made on the theory of the loss of a chance and its insertion in the field of civil responsibility. After a brief evolutionary historical context, some reflections about its legal nature, as well as its quantification will be presented. Methodologically, the inductive line will be adopted for the elaboration of the thesis, taking care of the legal-dogmatic aspect. In the end, it is intended to denote that the doctrine and jurisprudence is divided between those who defend the framework of the loss of a chance as a kind of emergent damages, loss of profits, as strictly modality of moral damage or, even, when endowed with this patrimonial character, as something intermediate between the emerging damages and the lost profits. In addition, it is intended to show that it is salutary to reflect on how to measure the lost chance, considering the routes of arbitration and probability. It is not intended to exhaust the theme, but rather to raise questions that seem to demonstrate that the subject is indeed very exciting and deserving of deepening doctrine and increasing jurisprudence.