Crimes sexuais cometidos contra passageira de transporte público coletivo: uma análise sobre a responsabilidade civil do transportador

Abstract

The present work addresses the Civil Liability of the carrier of people, especially in the collective public modality, facing passengers who are victims of sexual crimes committed by another user inside the vehicles used. This issue has gained ground in the jurisdictional sphere through the filing of lawsuits aimed at condemning the company to the payment of compensation to the injured woman. For this reason, the study is necessary if, through the legislation, the doctrinal and jurisprudential understandings spent on the subject it is possible to attribute this responsibility to the service provider. For this, the dialectical methodology was used, by which it was realized that the subject is still in an incipient state of judicial analysis and that is why it is controversially understood in the Superior Court of Justice. However, the matter under analysis safeguards a singularity with a topic that has already been the subject of much discussion in the Superior Court and can be considered a mostly pacified matter, since it also deals with criminal conduct of a third party against public transit passengers. In this way, it is fully possible to find a meaningful direction for the resolution of the disputed dispute, following the parameter adopted by the Court itself