Requisitos para a caracterização da perda de uma chance à luz do entendimento do STJ (2015 - 2022)

Abstract

This monograph analyzed the requirements to characterize the loss of a chance, focusing on the understanding of the STJ between 2015 and 2022. The research is theoretical in nature, developed in three chapters, through jurisprudential, bibliographic and legislative studies on the topic. Initially, the general aspects of civil liability were addressed, highlighting the differences between criminal and civil liability, discussing systems and types of damage. The second chapter explored the theory of losing a chance, its historical evolution and application in Brazil, with an emphasis on the influence of the STJ. The third chapter highlighted the complexity in the practical application of the theory, especially in the STJ's disagreements on the assessment of the probability of a lost chance. The research concludes that the STJ considers a flexible approach to analyzing probability to be appropriate, emphasizing the need for the seriousness and reality of the lost opportunity. Medical liability was highlighted, requiring negligent conduct that effectively affects the real possibility of cure, as well as the lawyer's liability, requiring that the chance of winning the claim was real. The research highlighted essential requirements, such as the existence of illicit conduct, the causal link and the need for robust evidence. The challenges in establishing the quantum of compensation were addressed, emphasizing the importance of the probability of success in determining the value of the compensation. [resumo fornecido pelo autor]