Levantamento dos erros técnicos identificados nas jurisprudências do Tribunal de Justiça de São Paulo em 2016

Abstract

Despite the development of technology in civil construction, there are still limitations that allow voluntary and involuntary failures, which compromise the performance of this, as well as causing the incidence of pathological manifestations in buildings. Given the results obtained, this research aimed to identify the mistakes made by engineering professionals, as well as to identify the most recurrent pathological manifestations through analyses obtained in the jurisprudences handed down by the Court of Justice of the State of São Paulo (TJSP) in the year 2016, in the expectation of contributing to the reduction of these occurrences. A total of 873 sentences were analyzed, of which 299 fell within the scope of this research. In view of the results obtained, it is worth noting that 49.55% of technical errors were due to imprudence, i.e., the professional had knowledge of the harmful acts and chose to perform them. Thus, these actions could have been avoided. It was verified that 48.83% of the analyzed actions resulted in convictions of the defendants, therefore leading to consumer dissatisfaction, considering that the demand was not solved amicably.