A responsabilidade civil do advogado segundo o Código de Defesa do Consumidor

Abstract

This monograph aims to demonstrate the lawyer’s civil responsibility according to the Consumer’s Defense Code, considering the exception of § 4th, of article 14, which defines the self-employeds’ responsibility as subjective, working class in which laywers are included. Therefore, the first chapter begins with the civil responsibility’s history evolution, with special focus on lawyer's responsibility. The second chapter deals with the importance of advocacy in the Federal Constitution, in the Civil Code, in the Advocacy Statute and in the Ethic’s Code, in addition to conceptualize and specify the types of civil responsibility. Along with, in the third chapter, it analyses the attorney’s responsibility because of the recent legislative changes, in particular on the applicability of subjective responsibility in the advocacy practice. It concludes with a jurisprudential Court’s analysis, considering relevant decisions about lawyer's responsibility, based on the Consumer’s Defense Code and The Loss of a Chance Theory.