The theory of loss of a chance: application criteria and brief analysis about the recent admission and doctrine and jurisprudence law in brazilian

Abstract

This article deals with the theory of liability for loss of a chance, with the main objective an analysis of the application criteria and the applicability of the theory of loss of a chance in the Brazilian legal system, in particular to check on the current reception theory loss of a chance in Brazilian law; the application of the analysis of the theory of loss of chance; identify the way of determining the quantum indemnity, if the theory is applied. Loss of a chance is the frustration of an opportunity to obtain a benefit, expected by the victim if there is not a result of the sharp cut-off act of agent, which generates a duty to indemnify. Structured through the inductive method, with research in normative sources, doctrine and case studies. Demonstrates that the theory of loss of chance is accepted by the majority of doctrine and also the jurisprudence homeland. For the application of theory, the lost chance to be serious and real, and that the compensation is proportional to the prospects for success in the lost chance.