A indenização punitiva no direito brasileiro: requisitos e possilidades a partir da metodologia do direito civil constitucional

Abstract

The punitive damages, an institute of American origin, was incorporated into the juridical order of the country through jurisprudence, in particular that of the Superior Court of Justice. However, there are those who criticize its application in Brazil, among other arguments, because of its criminal bias, which would be incompatible with the purpose for which civil liability is returned, as well as the lack of legal provision in the legal system, and impossibility of attributing to the offended economic amount superior to the damage suffered by him. This article examines punitive damages under the understanding of the methodology of constitutional civil law. Therefore, the meaning given to the dignity of the human person by the Constitution of the Federative Republic of Brazil Federal of 1988, analyzing the meaning to be given to moral damage. Afterwards, punitive damages are explored, the latter both from the perspective of American law and Brazilian law. The article then arrives at the study of the constitutional civil perspective, in order to propose a reading about the punitive function. The method adopted is the bibliographical and jurisprudential research.