O controle jurisdicional de convencionalidade das leis

Abstract

This study examines the social function of civil liability in Brazil, focusing on the cases of compensation for pain and suffering. The study draws on doctrinal polemic about the acceptance or not of a punitive function of tort liability in the Brazilian legal system, especially in light of legal provisions that appear to limit the amount of compensation to the damage actually suffered by the victim. The research shows the origin of punitive damages, as well as the legal systems that always admitted it (especially the United States, with its punitive damages). Without pretending fully scrutinize the matter, it is proposed to verify if the Brazilian courts, in determining the amount of damages, can order the offender to pay punitive damages, irrespective of paying the compensatory damages. It has emerged that is possible and often advisable, consideration of punitive and preventive civil liability, authorizing the establishment of a compensation greater than the damage caused, but it is necessary to establish a mechanism to prevent unjust enrichment of the victim. The methodology used for the development of this monograph is exploratory, descriptive and essentially bibliographic.