A REGULAMENTAÇÃO LEGAL DA PERDA DE UMA CHANCE NO DIREITO BRASILEIRO: UMA NOVA ESPÉCIE DE DANO PARA ALÉM DOS DANOS MORAIS E DOS MATERIAIS

Abstract

The present study focuses on the theory of loss of a chance within the scope of civil liability. It aims to analyze how the Brazilian legal system recognizes and quantifies the loss of a chance, covering its historical evolution, its distinction from classical damages in Civil Law, and how it is applied. The loss of a chance consists of the loss of the possibility of obtaining a benefit or avoiding a loss. It is important to emphasize that this concept is not based on mere expectation but on a real and serious probability that the victim would have achieved the desired outcome if not for the harmful conduct that disrupted the normal course of events. By presenting doctrinal and jurisprudential understandings regarding the theory of loss of a chance, the study raises the question of how the Brazilian legal system acknowledges this concept and what implications this recognition has in social and legal contexts. To address these questions, bibliographic and documentary research was conducted, analyzing books, journals, articles, normative sources, and case law. Additionally, the research has a descriptive nature, aiming to clarify the legal and social aspects of loss of a chance, and an exploratory approach to further develop the topic.This study demonstrates that the loss of a chance is recognized as a new form of reparation, constituting an autonomous type of damage and serving as a mechanism to ensure access to rights.