A deficiência de fundamentação das decisões do Superior Tribunal de Justiça quanto à aplicação da função punitiva nas ações de responsabilidade civil por danos extrapatrimoniais

Abstract

This study aims to analyze the deficiency of reasons for decisions from the Superior Tribunal de Justiça regarding the application of punitive function in the actions of civil damages sheet. In principle, we discuss the treatment of North American law institute, conducting a comparative analysis regarding the manner in which the punitive function was adopted by national Law. Are analyzed the positions that are adopted by Brazilian courts and doctrinal differences, either around the very adoption of a punitive function, either with regard to means and measures for its implementation. Are proposed, finally, standards for the application of punitive function in accordance with constitutional procedural principles. Finally, the application of punitive function in certain cases and under certain conditions is the position taken, rejecting it if both positions advocating its adoption only exceptionally, as those who advocate its application interchangeably in any case, so indiscriminate.