Análise econômica do direito e o anteprojeto do novo código civil

This research aimed to examine, through the lens of Law and Economics (Economic Analysis of Law), the framework of civil liability in the Brazilian legal system, with particular emphasis on the proposals set forth in the draft of the new Civil Code. The study traced the historical development of damage reparation mechanisms, encompassing both monetary and non-monetary forms of compensation, the emergence and limitations of punitive damages, as well as the controversial notion of civil liability in the absence of actual harm. By conducting a comparative analysis with foreign legal systems—most notably the German and North American models—the research assessed the coherence and efficiency of Brazilian legal solutions, focusing on the incentives created for private actors and the broader implications for social welfare. Landmark cases and jurisprudential trends were critically analyzed, alongside legislative provisions from the 1916 Civil Code, the current 2002 Civil Code, and the prospective amendments proposed in the draft reform. Central principles such as full reparation and the prohibition of unjust enrichment were highlighted a guiding norms. Ultimately, the research underscored the complex challenge of reconciling compensatory, preventive, and punitive functions within the scope of civil liability, advocating for a nuanced and economically informed approach
to legal policy design that promotes both efficiency and social justice.