A função promocional da responsabilidade civil e os novos contornos dos princípios da solidariedade e da celeridade

Abstract

This article aims to present the foundations of the so-called promotional function of civil responsibility, notably those of a constitutional nature. By identifying the values ​​of solidarity and celerity as central to the construction of the new function of civil liability, the characteristics of the Brazilian model of incentives for spontaneous repair of damage are exposed, with the positive sanctions made available to the parties in the after-damage environment, whose existence has the power to improve the protection system of the victim(s), providing more instruments for the treatment of the injury caused.