The principle of solidarity and the legitimation of objective civil liability reflections from the judgment of ADI nº 1.003/DF

Abstract

This article deals with the verification of the existence of a common ground of legitimation of the several hypotheses of strict liability. It departs, therefore, from a paradigmatic judgment carried out by the Federal Supreme Court, which identified in the principle of solidarity the responsible for this legitimizing function. Based on this, it analyzes the fragmentation that characterizes the regime in focus and the vicissitudes that result from this. After reviewing the normative content of the principle of solidarity, which remains duly situated in its current conformation, it intends to explain how it is able to provide the unifying legitimacy that objective civil liability requires.