Comodato de automóveis: análise jurídica da responsabilidade civil do proprietário por danos ocasionados pelo condutor

Abstract

This paper investigates the civil liability of the owner of a vehicle loaned under a commodatum agreement for damages caused by the driver, in light of the jurisprudence of the Superior Court of Justice (STJ) following the enactment of the 2002 Civil Code. The research addresses the fundamentals and principles governing the commodatum contract and civil liability in the Brazilian legal system, highlighting the importance of a deep understanding of the legal implications of this common practice in the country. Using the dialectical approach method, the analysis relies on a literature review and the study of cases adjudicated by the STJ, selected based on terms related to the theme of joint liability and harmful acts. The monograph identifies and discusses the main jurisprudential positions, comparing decisions made before and after the new Civil Code to demonstrate the evolution of the legal understanding of this issue. The conclusion reveals that the liability of the owner of a loaned vehicle for damages caused by the borrower, although not specifically provided for in the legislation, is supported by the general principles of strict liability and the decision-making trends of Brazilian courts, indicating the need for clearer and more specific legal regulation on the matter.