Responsabilidade civil da gestante por danos ao nascituro

Abstract

This article aims at a brief analysis on the civil liability of the pregnant woman for damages to the unborn child. In order to arrive at the understanding of holding the pregnant woman responsible during her pregnancy, it is possible to verify the possible damages that the unborn child may suffer and the rights inherent to it. The most debated theories among the doctrines regarding early life will be addressed and, among these, demonstrate that the Civil Code of 2002 has devices that meet the Conceptionist Theory, of which personality can be given to the unborn child, as well as the application of elements of civil liability to characterize the damage. As a method of approach, the use of the hypothetical deductive method is relevant, starting from the doctrine and constitutional principles and rules, from the infra-constitutional legislation, as well as from electronic documents that deal with the subject.