THE CONFIGURATION OF THE NEW DAMAGE CONCEPTION BY THE THEORY OF LOST OPPORTUNITY

Abstract

The theme of this paper is the responsibility incidence on the theory of the loss of a chance through a new conception of damage characterized by emerging damage (what the victim actually lost) and loss of profit (which effectively failed to win). Involving them in the question of the likelihood of future outcome by the chances and opportunities lost in analysing how the facts unfolded. The following problem was investigated: "How is the new conception of damage configured in the theory of the loss of a chance?" The following hypothesis was considered: "The new conception of damage in the theory of the loss of a chance is formed from the discussion between emerging gains and lost profits through the loss of potential or imminent opportunities." The overall goal is to "Analyse the new conception of damage configured in the theory of the loss of a chance". The specific objectives are: "To characterize the relevant losses of chances and opportunities with illicit act and / or property damage; "Demonstrate the broad areas of law that can be appreciated by the theory of the loss of a chance"; "Select classic jurisprudential cases under the perception of applicability of the theory of the loss of a chance"; "Appreciate civil redress for lost chances in Brazilian courts." This work is important from an individual perspective because of the importance that the applicability of the theory of the loss of a chance has in Brazilian law, despite the strong resistance to the innovations brought under the law. A new conception of damage that permeates emerging damages and lost profits enables a better understanding of extensible, difficult-to-prove damages and that their claims can be safeguarded as fairly and broadly as possible. For science it is relevant because it demonstrates the need for knowledge of the various situations covered by the theory of loss the of a chance, as well as the branches of the law reached by it. It is important to know how doctrine and jurisprudence deal with the subject, being something recent and innovative, often unknown, but if applied seriously and correctly, with all the requirements fulfilled can be very successful among Brazilian lawyers; It adds to the society because it encompasses situations in which the individual is prevented from gaining an advantage or avoiding harm due to the illicit act of a third party. Basically, the loss of a chance is the frustration of a desired opportunity if it had not been interrupted by someone else's harmful act. Thus, generating the right to compensation. Thus, the chance must be real and serious and the compensation proportional with the victim's chance of success at the time of the fact. This is a theoretical qualitative research lasting six months.