HOMICIDE AND SOME OF ITS INDEMNITY CONSEQUENCES: THE ARTICLE 948 OF THE BRAZILIAN CIVIL CODE OF 2002 o artigo 948 do Código Civil brasileiro de 2002

Abstract

The death is part of the course of life and has relevance for the Law. When dealing with death, the brazilian Civil Code of 2002 sets out indemnity norms about the subject, entrusting this text with the content of the art. 948, which deals with patrimonial harms due to those affected by the homicide of somenone. The innovations brought by the new general substantive statute in relation to what the old legislation determined allows the search for new species of indemnity without prejudice to those set out in art. 948. From an interpretative perspective, creditors go beyond the family nucleus, joining third parties affected by the homicide in relation to at least some indeminity categories contained in the lines of the treated provision. The orientation in the application of the legal precept is full reparation, which governs the Tort Law n its entirety, sometimes in a concrete feature, sometimes in an abstract feature, using criteria that bring the indemnity closer to the situation or, when this is impossible, in the use of general criteria based on average estimates.