SERIOUS NEGLIGENCE: THE LACK OF EXACT DILIGENTIA

Abstract

Objective: The proposal of the present research focuses on the analysis of tort in the negligence modality, as it understands that it is a serious conduct of the agent, resulting from an inadequate and inattentive procedure in view of the living reality. Negligence, considered as a type of tort, indicates omission, disregard, malpractice, inattention, nonchalance, and lack of care of the agent, causes damages that could be avoided, due to its foreseeable character, if it weren't for the detachment of the agent regarding the real-life situation. 

Methodology: The present investigation is based on the hypothetical-deductive method, by way of research of doctrine, legislation and jurisprudence, through the reading of books, scientific articles and legal diplomas that deal with the topic.  

Results: The lack of care goes beyond the limits of the agent's necessary conduct in the legal order, which the jurist qualifies as absolute neglect; a real lack of love and solidarity of the agent. The effects of this gross negligence cause major damages for the victim, with the consequent liability of the agent that acted in disregard with the primary principles of vigilance and caution to avoid the undesired harm. The research carried out before the Superior Court of Justice shows numerous situations in which the agent's negligent posture produced significant damage, a large part of which is irreversible in nature. It is extremely reasonable that some jurisconsults, among them Pontes de Miranda, place serious negligence alongside deception. The agent's lack of care is so extreme that one proceeded as if intended to do the damage. This absence of affection, attention and care qualifies the person who is not prepared to live in the social environment. The agent becomes a human being disconnected from the social facts present in all segments of community life; subject the integrity of people and the values of society to risk situations, subverting them through their reasonless behavior. Therefore, negligence, in its great form, identifies a serious fault that produces significant and irreversible damage, constituting one of the forms of fault with harmful effects most repelled by the legal system. Contemporary society needs peace and trust in conscious and responsible citizens, who contribute to building a just, ethical and human community.