Perda de uma chance

Abstract

The text addresses the theory of loss of opportunity, a concept of civil liability that recognizes the right to compensation when unlawful conduct eliminates a real and serious opportunity to obtain an advantage or avoid loss. Inspired by the French doctrine of loss of opportunity (perte d’une chance), the theory was developed in Brazil specifically by Paulo de Tarso Sanseverino, based on articles 186, 187, 402, 927, and 949 of the Civil Code. Rosas differentiates lost opportunities from mere hypothetical expectations, highlighting their application in various situations, such as medical negligence, contractual failures, professional omissions, and administrative errors. The author emphasizes the importance of the causal link and the concrete probability of the outcome, according to case law and the doctrine of jurists such as Sergio Cavalieri Filho, establishing the loss of an opportunity as compensable damages for both material and moral damages.