The Evolution of Civil Liability in Brazil: from a classical perspective to a contemporary approach

Abstract

Civil liability occupies a central position in Brazilian Law, having undergone significant evolution from its classical conception, based on the notion of fault, to the consolidation of a contemporary, multifunctional, and constitutionalized approach. The objective of this article is to critically analyze this transformation process, highlighting the normative foundations established in the Federal Constitution of 1988 and the Civil Code of 2002, as well as the doctrinal contributions and recent jurisprudential interpretation of the Federal Supreme Court and the Superior Court of Justice. The methodology adopted is qualitative, with bibliographic and documentary character, grounded in scientific articles published between 2020 and 2025, in current legislation, and in landmark rulings, organizing the analysis into three axes: law, doctrine, and jurisprudence. The results show that civil liability is no longer limited to patrimonial reparation, as it also performs preventive, punitive, and promotional functions. Furthermore, it was observed that, although there are divergences between the STJ and the STF regarding State liability for omissions, the prevailing trend is the objectification and expansion of its applicability, strengthening the protection of fundamental rights. It is concluded that civil liability has been consolidated as a dynamic mechanism, essential for the effectiveness of justice and the regulation of social relations.