THE PRINCIPLE OF FULL REPARATION: FOUNDATION, LIMITS AND CONTROVERSIES IN BRAZILIAN LAW

• DOI: https://doi.org/10.22533/at.ed.216582519058

• Palavras-chave: Full reparation, civil liability, compensation, corrective justice, equity, Civil Code.

• Keywords: Full reparation, civil liability, compensation, corrective justice, equity, Civil Code.

• Abstract:

  This paper examines the principle of full reparation and its role in civil liability. The study starts from the realization that the search for full restitution of the injured party to the status quo ante represents not only an ideal of corrective justice, but also a practical challenge in the face of the diversity and complexity of the damages currently faced. Initially, the methods of reparation recognized by the doctrine are discussed, differentiating between specific reparation and pecuniary reparation. Next, the historical development and foundation of the principle of full reparation is analyzed, with emphasis on its enshrinement in the 2002 Civil Code and its link to the idea of corrective justice. The main controversial aspects of full reparation in Brazilian law are also analyzed, such as equitable reparation in the civil liability of incapacitated persons, the general clause of equitable reduction of compensation and the limits imposed by concurrent fault. The conclusion is that an in-depth understanding of the principle of full reparation allows for a fairer and more efficient application of civil liability, reconciling the effective protection of the victim with the limits imposed by the legal system and the peculiarities of each specific case.