A aplicação da doutrina dos punitive damages ao direito do consumidor no Brasil

Abstract

The present study aims to analyze the application of the Punitive Damages to Brazilian consumer law as an instrument to contribute to the protection of consumers’ rights. The study has been structured based in some considerations about the origins and the evolution of the Punitive Damages’ doctrine, highlighting its application in the United States, where the legal instrument of Punitive Damages developed itself at most. Next, the study intents to present a brief prospect of Brazilian Consumer Law, in order to demonstrate its main characteristics, especially in regard to product liability and bring more data to help in the comprehension of the main question of the study, which will be discussed in the following chapter. Eventually, in regard to the main topic of the study, it approaches the origins and evolution of the debate regarding the application of Punitive Damages in Brazil, including in Consumer Law. Also, this chapter analyses the Deterrence Theory, developed by part f the Brazilian doctrine with the aim to import the north-american legal instrument and its application by judges. Furthermore, in the ambit of the application of Punitive Damages in Brazilian Law, it was studied the controversy of its introduction in Brazil, presenting the most controverted points in regard to the subject, highlighting the ones related to Consumer Law