Civil Liability for Activity of Risk and the Paradigm of Social Solidarity
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Abstract
The present paper analyses the expansion of the area of strict liability in the Brazilian civil law, due to exercise of risky activity, innovation embodied in article 927, sole paragraph, of the Civil Code, in the context of social solidarity, as substantiated in the Federal Constitution. To that end, we investigated the concept and the extension of term "risk", the general rule of liability in Brazilian civil law, the cases of flexibility, the impact of such exception in respect of legal certainty and the points of convergence between the themes liability for risky activity and social solidarity. In conclusion, we indicate new directives to the most fair and effective application of the institute in focus.
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