The Injury in the New Brazilian Civil Code

Introduction

In this book, Adriano Marteleto Godinho provides a comprehensive analysis of the concept of injury in the new Brazilian Civil Code. He argues that the new code represents a significant departure from the previous code, and that it offers a more nuanced and comprehensive understanding of injury.

The Concept of Injury

Godinho begins by defining injury as "any damage suffered by a person, whether physical, moral, or patrimonial." He then discusses the various types of injuries that can be recognized under the new code, including:

• Physical injuries: These include any physical harm that is caused to a person, such as cuts, bruises, and broken bones.
• Moral injuries: These include any harm that is caused to a person's reputation, feelings, or mental health.
• Patrimonial injuries: These include any harm that is caused to a person's property or financial interests.

The Elements of Injury

Godinho then discusses the elements that must be present in order for an injury to be compensable under the new code. These elements include:

• Causation: The injury must have been caused by the actions or omissions of another person.
• Fault: The person who caused the injury must have been at fault, either intentionally or negligently.
• Damages: The injury must have caused actual damages to the victim.

The Defenses to Injury

Godinho also discusses the defenses that can be raised to an injury claim. These defenses include:

• Contributory negligence: The victim's own negligence may reduce or bar their recovery.
• Assumption of the risk: The victim may have assumed the risk of injury by engaging in a dangerous activity.
• Statute of limitations: The victim may have failed to file their claim within the time limit set by law.

The Remedies for Injury

Godinho concludes by discussing the remedies that are available to victims of injury. These remedies include:

• Damages: The victim may be awarded damages to compensate them for their injuries.
• Injunctions: The court may order the person who caused the injury to stop their harmful conduct.
• Specific performance: The court may order the person who caused the injury to perform a specific act, such as repairing damaged property.

Conclusion

The Injury in the New Brazilian Civil Code is a comprehensive and well-written analysis of the concept of injury under the new code. Godinho provides a clear and concise explanation of the law, and he offers valuable insights into the practical application of the law. This book is a must-read for anyone who is interested in Brazilian tort law.

Why You Should Buy This Book

If you are a lawyer, judge, or legal scholar, this book is an essential resource for your library. It provides a comprehensive and up-to-date analysis of the law of injury in Brazil.

If you are a business owner or manager, this book can help you to understand your potential liability for injuries that may be caused by your products or services. It can also help you to develop strategies to minimize your risk of liability.

If you are a victim of injury, this book can help you to understand your rights and options. It can also help you to find the resources that you need to pursue your claim.

Order your copy of The Injury in the New Brazilian Civil Code today!