O ASSALTO À MÃO ARMADA NO CONTEXTO EMPRESARIAL COMO FORTUITO EXTERNO E COMO PARTE DO RISCO DA ATIVIDADE: UMA ANÁLISE FEITA A PARTIR DA TEORIA DO RISCO

Abstract

This research aims at investigating the civil responsibility of the entrepreneur in cases where consumers experience episodes of armed robbery in the context of the activity developed by the company. This is because, despite the fact that the responsibility of the supplier and service provider is objective, under the Consumer Code and the Civil Code, as it does not demand the burden of showing guilt by the victim, this type of responsibility cannot be confused with the full responsibility, which encompasses all types of risk. Thus, it is questioned whether armed robbery would be included in the hypotheses of excluding a causal link, in order to remove the responsibility of the service provider. Given the question raised, the research focuses on the analysis of the doctrine regarding strict civil liability in civil and consumer diplomas, in situations where this liability is excluded, in the theory of risk and its modalities and, finally, in the understanding of the Superior Court of Justice regarding the classification of armed robbery as internal fortuitous event or as a risk of the enterprise.