Estudo sobre a responsabilidade civil: a responsabilização pelos danos decorrentes da vacinação contra a COVID-19 em caso de ocorrência do risco do desenvolvimento, à luz do ordenamento jurídico brasileiro

Abstract

The present work aims to analyze civil liability in relation to damage from vaccination against COVID-19 that may occur due to occurrence of development risk in relation to the product. In front of a scenario pandemic, there was a race to produce an immunizer that would attenuate the effects experienced during the pandemic. Creating vaccines in record time represented a great advance, but given the speed of production, the possibility of appearance of adverse effects of the product that could not be identified in the time it was introduced to the market cannot be ruled out. Therefore, the work is relevant, because, bringing the vaccine as a product, it will carry out an analysis on civil liability in the Brazilian Legal System to identify the liability for damages resulting from defects that could not be foreseen at the time it was introduced on the market, fitting the terms of occurrence of development risk. For that, it was analysis of the civil liability brought by the Code of Defense of the Consumer, by the Civil Code, as well as the civil liability of the State, concessionaires and permissionaires listed, respectively, in article 37, paragraph 6, of the 1988 Constitution and Law 8.987/85. The decision rendered in REsp. No. 1388197 – PR was also used to forward the conclusion defended in the present work, which is the civil liability of the Union for damages arising from the risk of development caused by the COVID-19 vaccination. A civil liability of the Union, however, it is an immediate response to a solution jurisdictional. For greater realization of compensation for damages, the socialization of responsibility and damage would be a more efficient device