Levantamento dos erros técnicos identificados nas jurisprudências do Tribunal de Justiça de São Paulo em 2017

Abstract

The constructive problems result from the lack of investment, impunity, the distorted view of some businessmen in the sector, the low remuneration and overload of the professionals' functions and the lack of knowledge about pathological manifestations. Thus, the objective of this research was to identify and classify the technical errors committed by professionals, companies or insurance companies, showing the technical community as pathological manifestations that occur more frequently and the population their rights as consumers and engineers their responsibilities. The methodology used was documentary research, through the analysis of jurisprudence issued by the TJSP in 2017, through a quantitative survey of pathological manifestations, penalties applied by the courts and on which legislation the judgment was based. From the results obtained, it is noteworthy that the pathological manifestation that most occurred was in the mortar coating system and the most common technical error was recklessness, which is intentional, as the professional knows about the error and risks making it. As a result of these choices, the survey identified a conviction rate of 59.31% of the cases, equivalent to 293 convictions.