Title: Dano injusto como pressuposto do dever de indenizar
Abstract: The aim of this dissertation is to show that the non-contractual civil liability in the Brazilian legal order has as a fundamental presupposition the causation of the unfair damage.This aim is justifiable because there are doctrinaire opinion, known as "damage law", that advocate the unnecessariness of the unfair damage to be triggered the structure of civil liability.It analyzes, therefore, the structure and the goal of the civil liability, as well as its fitting into the Brazilian legal system.