O princípio da prevenção em contratos de lucro e existenciais: uma gradação de incerteza

Abstract

In the global risk society, the manners of capture and management of risk caused by the uncontrolled development of technologies become more and more relevant. The process of modernization was converted at the same time into the theme and the problem, thus, a strong social intent urges for actions that conciliate security and progress. The purpose of this paper is to investigate a method of outlining this paradox using, for this intention, the application of the principle of prevention in the new existential and profit-sharing contract models. Hence, this research will initially encompass the analysis of civil responsibility and the insertion of its preventive function as an important new legal ground of the institute. Together with this notion, we will analyze the subsidies that affect the idea of prevention as a principle inside the Brazilian legal system, mainly the semantic idiosyncrasy accepted in the definitions of prevention and precaution. The second part examines the new contractual contour that emerges and encompasses sometimes the economic rationality and sometimes the full development of the person according to the interest of the parties in the agreement. In this respect we pursue the systemic conciliation originated from the principle of prevention, which is sometimes in line with the full technological and economic development and sometimes in line with the preservation of human life.