Risk socialization and compulsory DPVAT liability insurance paths and perspectives on a debate still in construction

Abstract

The civil liability system has undergone major changes since its emergence. Today, mainly with the advances of what is called a technological revolution, the chances of [risky activities] to give rise to an eventual duty to repair have multiplied even more. In this context, the 1988 Constitution enshrined a principiological system that provided the civil liability institute with a paradigm shift, bringing as its ethical-legal foundations social solidarity and social justice, which enabled a turn that transposed the view from the order to the victim of the damage. The change in perspective also contributed to the development of risk socialization mechanisms, including mandatory civil liability insurance. In this scenario, the present study has the central scope of presenting DPVAT, a type of mandatory civil liability insurance, to cover personal injuries caused by motor vehicles on land, currently under question, in view of the MP 904/2019 edition. Despite the loss of the validity of the MP without its approval by the National Congress, it is sought here to bring elements for future debate on the matter, which was not pacified by the simple non-appreciation in the legislative seat.