Responsabilidade civil sob enfoque dos punitive damages: análise crítica do caso Samarco

Abstract

It will be shown that the work was done through the inductive method, presenting the Samarco case in which many various legal and moral problems were noted; it was necessary to rethink the civil liability, and thus, the multifunctional civil liability is established, dynamic and flexible, with functions and sub-functions. Starting from the theoretical framework developed by Nelson Rosenvald about the civil liability concept as duty of care and multifunctional, it was established the functions and sub-functions of civil liability and, in particular, this work deals with the function of punitive damages. The first part of this work researched the Samarco case through reports, papers, articles and interviews. It is understood that the case is riddled with vices and illicits, therefore such devices are reflected in the roles that civil liability should exercise. The remaining chapters were developed through arduous research about various authors. The second chapter brought the general aspects of civil liability, which delimitated the concept of civil liability and questioning the objective responsibility exhausted of the subjective element. The third chapter took care of the historical aspect of civil liability and punitive damages. In the last chapter, we presented the functions and sub-functions of civil responsibility, prioritizing the punitive damages and its proper application in the Samarco case, questioning the collective moral damage. In conclusion, the new civil liability concept is able to meet various demands, to be flexible, multifunctional and dynamic, also able to apply justice above market laws, and appropriated to prevent and punish offenses that stain the rights and values enshrined in society. Moreover, it was understood that the new civil liability concept should have been applied in the Samarco case, as an example to society and potential offenders.