A reparação autônoma do dano por tempo perdido

• Autor(a) principal: Cascaldi, Luís de Carvalho
• Data de Publicação: 2019
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/22245
• topic: Responsabilidade civil; Reparação (Direito); Dano por tempo perdido; Personalidade (Direito); Danos morais; Civil liability; Reparation (Criminal justice); Lost time damage; Personality (Law); Moral damages (Civil law); CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Throughout the present study, we sought to call attention to the importance of time in our current socioeconomic stage, demonstrating that its violation represents an offense to individual rights, especially the right to life and freedom. Through an analysis of the role of civil liability in our society, as a tool for protection against and prevention of injuries, we intend to demonstrate the need to restore damages for lost time, as well as establishing the requirements, criteria and methodology for its determination and fair compensation. We will also analyze how national jurisprudence has addressed the issue and offer criticisms in order to improve and make our legal system more efficient. In order to support the thesis proposed in this study, we will also seek to single out damage for lost time, separating it into a category of its own, as an autonomous form of non-economic damages, distinguishing it from pure moral damages and other immaterial damages. At the end, we will try to anticipate and answer possible criticisms that may be presented to the proposed thesis, leading to the conclusions we have reached