Giro conceitual do enriquecimento sem causa ao enriquecimento injusto revisitando a noção de ausência de justa causa do enriquecimento

Abstract

The central scope of this study is to investigate the meaning to be attributed to the notion of absence of just cause (contained in article 884 of the Civil Code) in the light of a comparison between the current stage of reflections on unjust enrichment and on civil liability in Brazilian law. In order to achieve this purpose, the study analyzes the causes of justification traditionally recognized by doctrine, as well as the possible influences of a renewed functional and functionalized analysis on the understanding of the requirement of the absence of just cause. This theoretical path makes it possible to face the guiding hypothesis of the present study, namely: the possibility of recognizing a new paradigm of injustice in enrichment in the light of constitutional legality. Finally, the reasoning proposed is exemplified based on the analysis of the problem of forced (or imposed) enrichment, which allows the recognition of the redoubled importance of the reflections related to the analysis of (in)justice of enrichment. Based on the methodology of civil-constitutional law, the study develops itself from analysis of national and foreign bibliographic and jurisprudential sources.