A teoria da mitigação dos danos e suas repercussões na responsabilidade civil: uma análise sob a ótica da boa-fé objetiva

Abstract

The purpose of this work is to investigate the compatibility of the duty to mitigate the loss with the Brazilian Civil Law, doctrine that has its roots in common law and which concerns to the burden that the injured party adopt an active conduct against a debtor's breach of contract, in order to minimize the damages resulting from the harmful event experienced by himself. Therefore, this research seeks to verify whether legal institutes already consolidated in Brazilian Civil Liability system authorize the reception of such doctrine into the national legal order. It is also intended to examine the origin, development and application of such rule in the scope of foreign and international Law, as well as its connection with the use of the theory by Brazilian Courts, a study that involves the analysis of jurisprudential precedents that deal with the theme. Thus, the main goal is to demonstrate that the Brazilian law imposes such conduct on the victim, even if not expressly, on account of the corrective function assumed by the good-faith principle, which is materialized in the figure of the prohibition of abusive exercise of rights, both general clauses in its meanings and effects. Finally, it appears that the acceptance of the duty to mitigate the loss by Brazilian Law represents a step towards the materialization of civilconstitutional values that are settled at the base of the legal order structure, finding in them its main basis for encompassing the theory in Brazil