Análise Econômica do Direito e o Anteprojeto do Novo Código Civil

This research examined contemporary civil liability from preventive and law-andeconomics perspectives, combining legislative, doctrinal, comparative and case-law analysis. The activities covered five main axes: a critical assessment of article 946-B of the Draft Reform of the Brazilian Civil Code and the compensatio lucri cum damno doctrine; civil liability for artificial intelligence systems; a comparative study of medical liability in French and Brazilian law; the preventive function of United States tort law; and the Brazilian Superior Court of Justice case law on the duty to mitigate the loss. The research identified that civil liability should not be restricted to ex post compensation, since it also structures incentives, allocates risks and encourages efficient precautions. Regarding article 946-B, objective criteria of functional identity and direct causal connection were proposed to avoid both overcompensation and an undue reduction of the tortfeasor’s liability. The study also highlighted the relevance of objective liability, consumer protection, good faith, risk management and evidentiary safeguards in technologically complex and medically sensitive contexts.