Estado de perigo: uma releitura sob o prisma da solidariedade

• Ano de defesa: 2012
• Autor(a) principal: Santiago, Mariana Ribeiro
• Orientador(a): Diniz, Maria Helena
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Estado de perigo; Solidariedade social
• Palavras-chave em Inglês: State of danger; Social solidarity
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/5785

The present thesis, entitle State of danger: a re-reading under the prism of solidarity, proposes a new understanding of the state of danger, as a defect in the legal business, resulting from the analysis in line with the commandments of social solidarity. For this purpose, the study is composed of seven chapters, namely. In the first chapter, The metamorphosis of modern State as a paradigm of the civil law, there is an analysis, in a introductory, of the context that culminated in the establishment of the Welfare State, and the innovations that this event caused in the Federal Constitution and the Civil Code, emphasizing the social solidarity and the state of danger, listing the major doubts regarding these figures. Already in the second chapter, Legal business and the pillar of the representation of the intent, we discourse, concisely, about the classification of the legal fact, the concept of legal business, their elements of existence, requisites of validity and factors of effectiveness, especially the representation of the intent and their peculiarities. Moreover, the third chapter, State of danger and vices of consent in the era of sociability and ethics, is dedicated to study the generalities of the alluded theme, as well as, XI brief and specifically, the error, malicious fraud, coercion and lesion, providing subsides for drawing a parallel between those defects and the state of danger during the thesis. The fourth chapter, Actual approach of the legal settings of state of danger, deals with the concept of this vice, their essential elements, related institutes, effects, besides bringing allusions about the situation of foreign legislations on that subject, comparing them and the position of the Brazilian legislation. With regard to the fifth chapter, A re-reading of the state of danger thought the optic of the solidarity, we abide by clarifying the content and the nature of the social solidarity, their reflections in the different areas of law, also if this one shall interfere in the comprehension of the state of danger, how it happens and with what consequences. In the sixth chapter, The state of danger in the medical and hospital contracts, we investigate the definition and the most important characteristics of that contractual specie, in addition to the possibility of the incidence of the mentioned vice in these cases, presenting the related doctrine and jurisprudence. In relation to the seventh chapter, Suggestions de lege ferenda, this is a proposal of amendments of the Civil Code about the theme in analysis, from the understanding defended in the present study, culminating in the presentation, in appendix, of a legislative bill. XII Finally, the eighth chapter is a concluding synthesis concerning this theoretical exposition, in which we reaffirm our point of view on the theme. Following that chapter, we ve nominated the bibliographic sources we ve used for the edification of this study