Unlawful acts in the Civil Code reform Bill

Abstract

The article analyzes the Preliminary Draft Reform of the brazilian Civil Code, verifying the adequacy of its text, in the part that deals with unlawful acts, with emphasis on unlawful acts with compensatory effect. It highlights a broad view of unlawful acts, as fundamental and multifunctional concepts within the legal system. It criticizes the old limited view of unlawful acts, as merely generating compensation, arguing that wrongdoings can have several consequences, not always compensatory. It emphasizes the need for a substantial and dynamic analysis of wrongdoings, breaking with purely formal and static approaches. Based on deductive, theoretical and qualitative analysis, the article also points out that contemporary civil law should consider wrongdoing in a functional and flexible way, aligned with social values ​​and principles.