The law of food torts: between compensation and prevention

• Grant number: 18/26669-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2019
• End date: December 31, 2019
• Field of knowledge: Applied Social Sciences - Law - Special Rights
• Principal Investigator: Flavia Trentini
• Grantee: Eduardo Gomes Canada
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The research presents itself as an attempt to comprehend the position of the Supremo Tribunal de Justiça and of the Tribunal de Justiça de São Paulo about food torts. Food torts are not a tertium genus, but a kind of patrimonial damage, and eventually moral, that occur because of vices among the food disposed in the markets for consumers. The undesirability of existence - and mostly consumption - of improper food inspires legal efforts, to prevent or compensate food safety breaches. The accomplishment of the research scope implicates, in the first part, in the dogmatic reconstruction of tort law paradigms, especially in legal status that have food as an object. Furthermore, the consciousness about the complex of nacional, individual and international rules, with the function of protect the consumer of food, usually preventing or compensating its irregular circulation, demands, in a second part, the necessity to inquiry the concretion of several norms, by the Brazilian courts. By the end, in the third part, we intent to promote, in a systematic organization, conclusions about the Law of Food Torts.