Human rights and the safety clause in the contract of carriage: the civil liability of the carrier and the duty to repair the passenger who was the victim of a stray bullet in an area of known risk in light of the precedents of the Superior Court of Justice

Abstract

The article discusses the civil liability of the carrier and the safety clause in the context of Brazilian civil law, putting in perspective the moral damage caused to the passenger of the land transport victim of a stray bullet in an urban area known to be dangerous in the light of the precedents of the Superior Court of Justice. In this order of ideas, it is intended to point out the legal parameters adopted by the STJ to remove the exclusion of liability from the carrier, for the unlawful act of a third party, in the event of damage caused to a passenger, victim of a stray bullet, in a known dangerous area. The general objective is, after analyzing the precedents of the STJ on the civil liability of the carrier, for the unlawful act of a third party, to identify the grounds used to condemn the transport companies for damage caused to a passenger victim of a stray bullet in a known dangerous area. On the other hand, the specific objectives will be to list the conceptual, structural and characteristic aspects of the Passenger Transport Contract and the Safety Clause inserted in the Brazilian legal system, then examine the assumptions and legal requirements of civil liability in the urban public transport contract of passengers, in the national legal system, identifying the foundations adopted by the STJ for establishing the civil liability of the carrier for damage caused to the passenger and later, confronting the factual assumptions with the legal ones, based on paradigmatic judgments of the STJ, to identify the indispensable elements to establish the civil liability of the carrier for moral damage caused to the passenger resulting from a stray bullet in an urban area known to be dangerous.