A POSSIBILIDADE DE APLICAÇÃO DOS DANOS PUNITIVOS (PUNITIVE DAMAGES) E DO DIREITO CONCORRENCIAL NA RESPONSABILIZAÇÃO DE GRANDES EMPRESAS EM CONDUTAS REITERADAS.

Abstract

This final paper addresses the theme of punitive damages, focusing on their use to deter repeated harm caused by large companies. Initially, the concept of “efficient damages” is presented, which relates to actions perpetrated by corporate conglomerates with the intention of profiting through harm inflicted on consumers. Furthermore, civil liability is discussed according to the 2002 Civil Code, outlining its fundamental concepts and limitations. Moreover, the issue is framed within the context of Brazilian Competition Law. Basic concepts and the main competition legislation are explained, which assist in studying the penalties prescribed for companies that engage in illegal and harmful conduct, prioritizing profit over consumer dignity. The paper also develops the concept of American punitive damages and explains how these are utilized in the legal system of that country, addressing the main challenges of application and the historical evolution that has resolved such issues. Additionally, the application of this institution within the Brazilian legal context is examined. In conclusion, the paper asserts that the introduction of punitive damages into the Brazilian legal system is not only viable but necessary for protecting individuals' rights and promoting a culture of responsibility. However, it is imperative that this new approach respects the principle of equivalence between compensation and harm, avoiding any form of unjust enrichment and ensuring that the punishment applied is proportionate to the severity of the offense committed.