Levantamento e caracterização dos erros técnicos praticados por engenheiros civis no Estado de São Paulo em 2014 e 2015

Abstract

The performance standard NBR 15575, published in 2013, establishes minimum levels of comfort, safety, and quality for a property, all of which are essential items for any building. Consumers do not admit constructive defects or technical errors, taking their dissatisfaction to the judicial sphere when they cannot find an amicable solution. This research aims to identify the technical errors committed by engineers, as well as to identify the most recurrent pathological manifestations, through the analysis of the second instance judicial sentences in the Court of Justice of the State of São Paulo (TJSP), and through the analysis of the results obtained, to contribute to the improvement of the construction processes. The methodology used was documental, through the analysis of the jurisprudences rendered by the TJSP, in the years 2014 and 2015. A total of 1,022 cases were analyzed, of which 287 met the scope of this research. In view of all the results obtained, it is noteworthy that 89.55% of the technical errors made were due to imprudence; this error is characterized by a decision not to apply it, despite having the knowledge. Therefore, most of the lawsuits could be avoided, and consequently, this posture generated for those involved more than 30 million reais in damages.