Levantamento dos erros técnicos identificados nas jurisprudências do Tribunal de Justiça dos estados do Espírito Santo e do Rio de Janeiro

Abstract

The pathological manifestations are caused by factors that involve mainly the lack of knowledge in the area, failures in the workmanship, imprudence of the professionals, errors in the conception of projects and materials that have poor quality. The main objective of this research was to determine the number and types of pathological manifestations, because of technical errors made by professionals in the field of civil construction. The methodology used was documentary research, through the analysis of the jurisprudences handed down by the Courts of Justice of Rio de Janeiro and Espírito Santo, in continuity with research already done in other states. We preliminarily identified 451 cases in the TJRJ and 315 in the TJES, of which 130 jurisprudences were compatible with the scope of this research. The system that showed the greatest compromising, because of pathological manifestations, was the mortar coating system, with 30.17% of the surveyed sample. The technical error most often committed by professionals was recklessness, which is considered intentional, because the engineer is aware of the source of the error but disregards the negative consequences when performing the activity.