Aplicação da função punitiva na responsabilidade civil: um debate na doutrina brasileira

Abstract

The present article has for objective analyse if the current Brazilian legal system authorizes the application of a punitive function to Civil Liability. For this purpose, the methodology adopted is the bibliographic research carried out in part of the Brazilian civilist doctrine, together with jurisprudential and legislative analysis. In principle, the differences between the punitive function and the compensatory function of Civil Liability are addressed by making a small parallel with the American institutes of punitive and compensatory damages. Next, the different doctrinal and jurisprudential positions on the possible application of the punitive function to the homeland law are critically analyzed. Finally, some legislations that provided, within them, the mentioned function are addressed, as well as a critique about the lack of autonomy of the punitive function. It is concluded that, except for the exception promoted by the Brazilian Labor Reform, there is no legal provision in the current system that supports the application of a punitive function to the area of Civil Liability.