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Ana Frazão's column in the 3/09 Jota: Corporate civil responsibility and duty of care – Progressively, the duty of care assumes the role of the guiding thread of subjective civil responsibility as the objective.

Jota Column
14 Sep 2026

5 min of reading

In her column in JOTA, Ana Frazão discusses the distinction between subjective and objective civil responsibility and shows that the duty of care has become a common element in both modalities. The article examines why the risk-based liability does not dispense with the analysis of the entrepreneur's conduct, points the reservations to the so-called comprehensive risk and deals with the relevance of predictability and the calculation of the damage for the delimitation of the risk itself. Link: https://www.jota.info/opiniao-e-analysis/columns/company-and-market/business-civil liability-and-care https://www.jota.info/opiniao-e-analysis/columns/company-and-market/business-civil liability-and-care

About the author

Ana Frazão

Lawyer and Full Professor of Civil, Commercial and Economic Law at UnB. Doctor of law. Researcher in the areas of regulation, competition, company and market.

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Lawyer and Professor of Civil, Commercial and Economic Law at UnB

Ana Frazão's column in the 3/09 Jota: Corporate civil responsibility and duty of care – Progressively, the duty of care assumes the role of the guiding thread of subjective civil responsibility as the objective.

Ana Frazão

Ana Frazão participates in the 4th edition of the Contemporary Themes of Commercial Law

Ana Frazão participates in the 3rd Brazilian South Congress of Commercial Law in Curitiba

Ana Frazão debate data protection and digital platforms in Diálogos: AA and Advocacia, AASP event

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Ana Frazão column on Jota 01/10: Business secret and procedural secrecy – How to reconcile the protection of the secret with the right to proof and contradictory and the effectiveness of jurisdiction?

Ana Frazão's column on the 24/09 Jota: Right of access to the digital world – New outlines of the discussion due to technological advances.

Ana Frazão column in Jota 10/09: Corporate civil liability in the face of uncertainties – The relationship between the precautionary principle and the duty of care.

Two podcasts on current themes presented by Professor Ana Frazão.