Parent’s civil liability for the acts of minor children

Abstract

This article examines parents’ liability for
injury to third parties caused by minor children. The
Civil Code of 2002 took the position that parents’
liability must be objective in nature, so as to better
address victims’ interests. The authors show how
the concept of patria potestas has evolved into parental authority, and develop a better interpretation
of the term company (companhia) in article 932, I
of the Brazilian Civil Code, which should be understood as influence over the child rather than physical
contact. The authors also analyze minor children’s
secondary liability in cases where their parents do
not have sufficient property, and argue that the
criterion of minimum property (patrimônio míni‑
mo) serves to prevent situations where payment of