THE POSSIBILITY OF LIABILITY FOR DAMAGE TO THE LIFE PROJECT IN BRAZIL: ANALYSIS OF THE CRITERIA IN THE CASE OF CANTORAL BENEVIDES VS. PERU AND LOAYZA TAMAYO VS. PERU

Abstract

In 1998, the Inter-American Court of Human Rights (IDH Court) established the precedent of "damage to the project of life" in the case Loayza Tamayo vs. Peru. The "life project" was then conceived as an element inherent to the individual, with the plane of existence being necessary for the exercise of individual freedom and values ​​linked to the principle of human dignity. In this judgment, damage to the life project was recognized as an autonomous category, which would transcend the traditionally recognized material and moral damage, with implications for International Law and Human Rights, as well as, in turn, with repercussions for the Brazilian legal system. In this sense, this work intends to analyze the prediction and challenges of liability for damages to the life project in the Brazilian legal context, in the light of comparative law and focusing on the decisions of the Inter-American Court of Human Rights in the cases Cantoral Benavides vs. Peru and Loayza Tamayo vs. Peru. To this end, bibliographical research and case study procedures are adopted, with analysis of publications, laws and sentences of the IDH Court, using international jurisdiction and Brazilian legislation as parameters, in order to analyze the possibilities of recognizing damage to the project of life in Brazil. The investigation verified, based on current legislation and the judgments of the Brazilian Superior Courts, the viability of legal protection of the life project in Brazil and recognition of the conceptual autonomy of this damage within the scope of civil liability.