THE CONSTRUCTION OF THE CIVIL LIABILITY STANDARD OF MOTORSPORT SPORTS LEAGUES IN BRAZIL

Abstract

Civil liability is a way of resolving patrimonial and extra-patrimonial compensation arising from an unlawful act, represented by an action or omission that causes harm to another, even if the damage is exclusively moral. The research sought to answer the problem found, namely: what is the responsibility of motorsport sports leagues in Brazil for accidents caused during races? Thus, the research had the general objective of defining the responsibility of motorsport sports leagues in Brazil for accidents caused during races. And specifically, analyze the general rules of civil liability provided for in the civil code; verify the agent's civil liability; examine the athlete's term of self-responsibility in motorsport sports leagues. The research modality chosen for the development of the theme is normative-legal empirical research, verifying the norms of the Brazilian Automobile Confederation with norms in force in the legal system, in a qualitative approach of the exploratory type in primary research sources (laws, norms, decrees) and secondary (books, articles, monographs, dissertations and theses). The research presents the application of the general rules of civil liability provided for in the civil code due to the lack of specific regulation by automobile confederations; and the feasibility of the sportsman's responsibility in relation to the civil liability of motorsport sports leagues. In conclusion to the research, it was demonstrated that it is necessary to provide for a normative closure in the statute to guarantee legal security within a sporting space, since it is a place where risk is imminent and is part of the activity, which can cause losses and damages.