Direito em Movimento - Volume 16 - Número 2 - 2º semestre/2018

96 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS the concrete case] a significant closeness between civil responsibility [from the Roman-Germanic system] and the torts of the Anglo-Sa- xon experience, with an amplification of the sphere for assessment in judicial courts, continuing to be impressive in civil law systems, where the legislator has always maintained primacy.” 42 This shift in paradigm, originating in the option made by the Inter -American Tribunal, in favor of judicial discretion, is “especially relevant in the matter of objective responsibility, where the discussions centered them- selves exclusively on the causal relationship between harmful activity and damage” and “in practice opens out into a new space of judicial discretion which permits the magistrate to select, by way of examination of the dama- ge, concretely protected interests, substituting traditionally applied reason for an effective reflection upon conflicting interests 43 .” As perceivable in the sentence under analysis, the blame has been increasingly directed, the causal nexus dissipated or bent and the judgment on responsibility depends less on causality and more on damage. And this has been measured in abstract, generating “the evident consequence of a greater degree of acceptability in compensation claims, for the simple rea- son that easing the requirements for reparation necessarily results in their amplification. 44 ” In other words, the focus of responsibility migrates from repression to harmful conduct in terms of reparation of damages. And even though there is no explicit mention made of the fact in the course followed up to the judgment - resolving reparation without pinpointing the damage suffered by the natives - the Court came nearer to the English system, contem- plating the indemnities without the existence of effective harm, as a mere consecration of the illicit act (the delay in concluding the demarcation). 42 Idem, p. 187. 43 Idem, p. 187. 44 Idem, p. 82-83.