Resenha do artigo intitulado “Responsabilidade Civil e os Danos Existenciais nos Contratos de Adesão”

Review of the article entitled “Civil Liability and Existential Damages in Contracts of Adhesion”

Abstract

This is a review of the article entitled "Civil Liability and Existential Damages in Adhesion Contracts." This article was authored by Ana Cláudia Corrêa Zuin Mattos do Amaral, Ana Flávia Costa Sordi, and Desirée Silva Nascimento. The article reviewed here was published in the journal "Revista Brasileira de Direito Civil," Vol. 33, No. 2, Jan.–Jun., 2024. The article addresses civil liability in cases of existential damages, specifically in adhesion contracts, a relevant topic in the context of consumer relations. The authors highlight the vulnerability of the consumer, who, when adhering to unilateral and standardized contracts, often does not have full freedom to negotiate the terms of the agreement, resulting in a violation of their autonomy of will. The analysis focuses on the possibility of recognizing existential damages as an autonomous category of non-pecuniary compensation, an innovation in Brazilian law. The authors argue that adhesion contracts, which emerged with the Industrial Revolution and intensified with globalization, often impose conditions detrimental to the consumer, affecting not only their assets but also their dignity and the realization of their life projects. For the authors, this situation demands more robust civil protection that goes beyond the reparation of patrimonial damages and encompasses the protection of the individual’s existential well-being. The article also explores the importance of contractual principles such as objective good faith, the social function of the contract, and contractual balance to mitigate the damages generated by these unequal relationships. Finally, the authors advocate for the recognition of existential damage as a way to guarantee justice and equity in consumer relations, aligning Brazilian law with advances in international law, such as Italian jurisprudence, which has recognized existential damage as an autonomous category of compensation.