Novos paradigmas da responsabilidade civil: a multifuncionalidade, a renovação do quantum debeatur e a função social do indenizar na reforma do código civil brasileiro

Abstract

Brazilian tort law faces significant contemporary challenges, especially concerning its functionality and the quantification of damages. This monograph aims to critically analyze the 2023 proposal to reform the Brazilian Civil Code in light of the multifaceted nature of civil liability and the social function of compensation, with special attention to the quantum debeatur. A qualitative, theoretical-dogmatic methodology was employed, based on bibliographic review, legislative analysis, and jurisprudential study. The research started by diagnosing the dysfunctions of the traditional compensatory model, such as excessive subjectivity, legal uncertainty, and the trivialization of moral damages. Then we examined the foundations, objectives, and innovations of the reform draft, particularly the bifasic model for quantification, the provision of a pedagogical sanction, the inclusion of the restitutive function, and the redistributive purpose of compensation. The concluded that, although the legislative proposal represents a significant advance toward rationalizing civil liability, it still presents normative and operational limits that restrict its transformative potential. The consolidation of a socially functional civil liability system will require not only normative change, but also doctrinal adherence, jurisprudential evolution, and institutional commitment to social justice.