A tutela jurisdicional na responsabilidade civil das indústrias do tabaco por danos advindos do tabagismo

Abstract

Through this work, entitled The jurisdictional protection in the civil responsibility of the industry of tobacco for damages caused by tobaccoism , there was an attempt to demonstrate that the national legal system is capable of basing judicial condemnations against the industry of tobacco, in actions moved against it by smokers (or their relatives, in case of death) attacked of tobacco-related diseases. To reach that aim, the premises of the work were ruled by the coherence, consistence and nocontradiction (deductive method), so that some theories (responsibility for the fact of the product and theory of the abuse of the right), already existent in the juridical plan, were worked and improved, always caring on to the theme under exam. An abundant bibliographical research was accomplished, and several methodological processes were used (synthetic-analytical, dialectical, juridical-dogmatic, descriptive, hermeneutical, historical and predictive studies), with the intention of evidencing the predominant misunderstanding of the modern jurisprudence, characterized by decisions that, many times, oppose the idea of making responsible the industry of tobacco, especially because it exercises a lawful activity, regulated by the Federal Government. There was an attempt to prove the maladjustment of those decisions with the national legal system and with the directions followed by the national doctrine. Especially regarding the study of the civil procedural right, the procedural subjects were emphasized which already appeared and were submitted to the appreciation of the national tribunals - and others that certainly will appear -, which concern the chosen theme, always working them through a hermeneutical criterion aligned to the constitutional norms, especially to the fundamental right of the consumer's defense.