Torts Law as a Tool of Protection and Effectiveness of Human Rights

Abstract

This article intends to investigate the functionalization of Tort Law based on the prevention of damages to people, especially with regard on the adequate protection of fundamental rights. The research starts from the analysis of the resizing of damages as a fenomen resulted from the natural changes in the way of being of social life, intending demonstrate how this has led to profound revisions in the justice systems, including tort law. The review of the doctrine and jurisprudence demonstrates that the gradual application of the fundamental rights on private law seems to avoid any attempt of a rigid separation between the fields of public and private law, highlighting further the functionality of the law of civil liability for the effectiveness of the people's fundamental rights. From these premises, this article undertakes a critical analysis of the re-grounding of liability based on prevention, given the larger goal in the protection of individual rights' integrity.