The "Political Function" and the So-Called Functions of Civil Liability. Preface to Cássio Monteiro Rodrigues's "Reparação e prevenção de danos na responsabilidade civil: parâmetros para o ressarcimento de despesas preventivas" (Foco Ed., 2024)

Abstract

The multiplicity of functions that today are intended to be attributed to civil liability reflects a subversion of the role of the interpreter, who thus plays a political role that is much more discretionary than that which the legislator conferred them by using the technique of general clauses in the matter. This exasperated “political function” of civil liability becomes clear when one realizes that the legal limits of the duty to compensate (including the very existence of damage) have been increasingly exceeded by the interpreter without any basis on the axiology and logic of the system, in a way that is frankly distant to the normative data. This preface, which presents to the public a precious book by Cássio Monteiro Rodrigues, seeks to contextualize it amidst the current dogmatic crisis of civil liability, while also highlighting one of the most valuable attributes of the work: its commitment to technical rigor and systematic coherence in the matter.