Responsabilidade civil pela perda de uma chance: uma análise do caso Christian Esmerio x Clube de Regatas Flamengo

Abstract

The article approaches the case Caso Christian x Flamengo in light of the theory of loss of a chance. The objective is to investigate the possibility of applying the theory in question in the mentioned case, however, to illuminate from a doctrinal point of view a solution to similar demands. To this end, the study initially addresses the general notions of the theory of losing a chance, identifying its assumptions and its basic characteristics, then analyzes the Ninho do Urubu episode and the singularity present in the situation of the player Christian Esmerio, and then , investigate whether your case could be resolved through the lost-of-a-chance theory. The research concludes that the litigation involving the family of the deceased athlete and the Flamengo meets all the doctrinal and jurisprudential requirements for the application of the theory of loss of a chance. Furthermore, the study allows us to conclude that both in the specific case and in similar demands, for a better application of the thesis, judges must resort to technical expertise specialized in statistical science, making it possible to reach a complaint that better approximates the opportunity that was lost. The research is theoretical and uses the hypothetical-deductive method, through data collection and examination of books, articles, dissertations, theses and imports to enable the achievement of results.