A (in)adequação dos punitive damages no sistema de responsabilidade civil no Brasil

Abstract

Considering the social changes and its impacts de the brazilian’s society, the present work analyzes new perspectives on civil liability. Based on the studies of the punitive, pedagogical, precautionary and compensatory or reparatory functions, it seeks to enhance its application for greater effectiveness of the institute, with emphasis on the balanced use in judicial decisions. In the Brazilian legal system, there is often a reiteration of harmful conduct, including damage that offends fundamental rights and guarantees, generating losses not only individual but also collective. The traditional delimitations of civil liability, despite having already undergone some changes, such as the possibility of using its objective theory, it has not been sufficient to meet all the demands demanded by society. As a result, it was researched about about the consequences of punitive damages, a wide-ranging remedy in the United States of America, observing its application, its objectives and, through practical cases, the way that the American courts promoted their judgment. In addition, as it is a foreign institute, a way of adapting it to the Brazilian legal system was envisaged, going through the criticisms outlined about it both countrys, in the North American state and in Brazil, finding a way to overcome the resistance presented. Still, looking at precaution as a principle unfolds in a positive way in the courts, avoiding unwanted behavior and safeguarding the rights, individual or collective, of Brazilian citizens.