Civil Liability: When You Can Seek Compensation

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Learn what civil liability is, when a duty to pay compensation arises, and how the amount of compensation is determined.

Requirements for Civil Liability

For a duty to pay compensation to arise, you must show three elements: an unlawful act (an action or omission contrary to the law), damage (material or moral), and causation (a link between the act and the damage). In cases of strict liability (where you do not need to prove fault), you only need to show the damage and causation. Strict liability applies, for example, to consumer relations, hazardous activities, and environmental damage.

Defenses That Exclude Civil Liability

In some situations, the person who caused the damage will not be held civilly liable. The main defenses are: the victim’s exclusive fault (when the injured party caused the damage), fortuitous events or force majeure (unforeseeable and unavoidable events, such as natural disasters), the act of a third party (when the damage is caused by someone other than the alleged wrongdoer), and self-defense.

For more information, see also the firm’s article on Wrongful Credit Blacklisting: How to Clear Your Name and Seek Compensation.

In cases of strict liability (where you do not need to prove fault), you only need to show the damage and causation.

Under strict liability, the available defenses are narrower. In consumer relations, for example, the supplier is relieved of liability only by proving that it did not put the product on the market, that the defect does not exist, or that the fault lies exclusively with the consumer or a third party. The victim’s contributory fault does not eliminate liability, but it can proportionally reduce the amount of compensation.

Moral Damages: What Qualifies and How Much

Moral damages arise when someone violates personality rights, such as honor, image, privacy, dignity, or physical and psychological integrity. You do not always have to prove specific suffering, because in some situations moral damage is presumed (in re ipsa), such as wrongful credit blacklisting of your name, an unjustified refusal of health plan coverage in an emergency, and unauthorized publication of your image.

The judge sets the amount of moral damages based on the principles of reasonableness and proportionality, taking into account the seriousness of the offense, the parties’ economic circumstances, and the educational (deterrent) purpose of the award. Brazil has no fixed schedule of amounts, so the judge must analyze each case individually to reach fair and appropriate compensation.

Material Damages: Actual Losses and Lost Profits

Material damages fall into two categories: actual losses (danos emergentes) and lost profits (lucros cessantes). Actual losses are the harm you have in fact suffered, meaning the reduction in your assets caused by the unlawful act, such as medical expenses, vehicle repairs, or replacement of damaged property. Lost profits are what the victim reasonably failed to earn because of the damage, such as lost income during a period of incapacity.

To prove material damages, it is essential to gather documents showing the link between the unlawful act and the financial loss. Invoices, estimates, expert reports, income tax returns (to prove lost income), and bank statements are commonly accepted evidence. The amounts must be adjusted for inflation and increased by default interest from the date of the harmful event.

Frequently Asked Questions

What is the difference between strict liability and fault-based liability?

Under fault-based liability, you must prove that the wrongdoer acted with fault or intent. Under strict liability, you only need to show the damage and causation, without proving fault. Strict liability applies to consumer relations and hazardous activities.

How is the amount of moral damages calculated?

There is no fixed formula. The judge considers the seriousness of the harm, the parties’ economic capacity, the educational (deterrent) purpose of the award, and case-law precedents. Amounts range from a few thousand to hundreds of thousands of reais, depending on the case.

What is the deadline to seek compensation for damages?

The statute of limitations is 3 years for civil liability in general (Article 206, §3, of the Civil Code) and 5 years for consumer relations (Article 27 of the CDC, the Consumer Protection Code). The period starts running from when you learn of the damage.

Legal Basis

Civil liability in Brazilian law is grounded in the Civil Code (Law No. 10.406/2002), especially Articles 186, 187, and 927. Article 186 defines an unlawful act as a voluntary action or omission, negligence, or imprudence that violates a right and causes harm to another person. Article 927 establishes the obligation to repair damage, and its sole paragraph provides for strict liability in activities that involve risk. The Federal Constitution (Article 5, items V and X) guarantees the right to compensation for material damage, moral damage, and damage to one’s image.

How to Seek Redress

To seek compensation for damages, it is essential to gather evidence showing the harmful event, the loss you suffered, and the causal link between the two. Documents such as police reports, medical reports, photos, videos, receipts for expenses, and witness testimony are fundamental to the success of your claim.

Compensation claims worth up to 40 minimum wages can be filed in the Special Civil Courts (Juizados Especiais Cíveis, Brazil’s small-claims system), which offer a faster, simpler procedure. For claims of up to 20 minimum wages, you do not need a lawyer. For amounts above 40 minimum wages, the claim must be filed in the regular courts, and a lawyer is mandatory.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.