Análise econômica do direito e o anteprojeto do novo código civil

In light of the recent amendments proposed by the Chamber of Deputies—particularly those concerning the Law of Obligations and Civil Liability—this research takes up the tools of Law and Economics (AED), not merely as technical instruments, but as critical lenses through which to view the law in motion. The goal is clear: to subject the new legal provisions to reality checks, testing them through hypothetical scenarios to assess whether the outcomes they promise are, in fact, delivered. The inquiry seeks to determine whether these reforms move toward a more efficient legal framework, one that aligns with social needs and the legal system’s demand for predictability. Beyond a literal reading, the intention is to uncover whether a consequentialist spirit underpins these changes—or whether a gap still remains between legislative intent and actual impact. This study aims not only to provide technical insights but also to offer a critical contribution to the ongoing construction of the new Civil Code. The findings are expected to serve as a foundation for a legislative debate more attuned to the real-world consequences of legal norms and to the rational perspective that Law and Economics can provide. And since the draft bill is still alive in Parliament, the research must remain equally alive—closely tracking each revision, each omission, each new formulation. Only then will it be possible to assess, with rigor and context, whether the path taken truly leads to more effective, fair, and responsive legislation for the present moment.