Perspectives on causation: past, present and future

Abstract

The article aims to demonstrate the  difficulties inherent to causation in tort law.  Through a historical review of the principle of  causality, it is possible to understand its current  role in the field of tort law and the paths that  have been presented in Brazilian law. The scope  of the study is to present a new approach to  causation in terms of establishing liability and  damages, which allows a new look at causal  investigation. The article aims to make use of  the contributions of the NESS theory and refute  causation flexibility, which has brought judicial  practice problems.