Responsabilidade civil preventiva: análise do instituto aplicado ao fornecimento de serviços por hospitais particulares

Abstract

The post modernity brought with itself new challenges that require new solutions by the Law. New values are protected and, on the other side, new damages can be produced. In this sense, the institute of civil responsibility have to reshape itself so it can fulfill its role for the efective protection of fundamental rights and, therefore, it has to surpass its merely reparatory function and take on a primaraly preventive role. This, when studied under the perspective of the rights of the consumers who receive services from private hospitals, becomes extremely relevant since the matter revolves arount the right to health and the right to life, which usually can´t be repaired when damaged,