Indemnifibility of death damage in Brazil a perspective about the defense of life

Abstract

Civil liability is instigated by new challenges as to its meaning and range, the occurrence of new damages is ahead of all the nuances that need to be observed. In Brazil, the human life´s violation, in its existential aspect, is not liable to receive from civil responsibility the repair or punitive function because of unfair harm. The damage caused by a person´s death does not receive watchful eye of the law neither from Brazilian jurisprudence, and receives very little attention from the doctrine. The purpose that animates us refers to the study of the defense of
life and, in this context, the analysis of the foundation of its protection, if possible and necessary, under the perspective of Civil liability
perspective. Do not exist doubts regarding the configuration, in re ipsa, of moral damages to the relatives of the deceased, since the Brazilian Civil Code is expressed in this prediction. However, other damages caused to de cujus, even before and due to your death is an ignored and reticent fact in our legal system. Clearly, damage are brought to the injured person´s life, and other foreign legal systems clarify that indemnity for the death damage per si is possible as much as the damages caused by the conduct of those who hurt and also the damages suffered until the death. Based on these issues, other challenges arise in the far horizon of this study, the action of equity and the price arbitrated by the loss of a human life