As variações de significado do termo ‘dano indenizável’

desambiguação essencial

Abstract

This article analyzes the different meanings of the term “compensable damage” in civil liability, distinguishing between the broad and strict senses. In the broad sense, compensable damage relates to the other requirements of civil liability – fault, unlawfulness, and causal link functioning as an element that enables the emergence of the duty to compensate. In the strict sense, damage has its own normative content, independent of these other elements, and can be understood as harm to a legally protected interest. The study argues that both approaches are useful: the broad, to identify the limits of the duty to compensate; and the strict, to grant autonomy and conceptual effectiveness to damage as a requirement of civil liability. The author concludes that terminological precision is essential to avoid theoretical confusion and ensure coherence in the compensation system.