Punitive damages in brazilian law and the boundaries between criminal and civil liabilities
AUTOR(ES)
Püschel, Flávia Portella
DATA DE PUBLICAÇÃO
11/09/2009
RESUMO
This article demonstrates the existence of civil responsibility with punitive purposes in Brazilian Law, explaining how it was introduced by jurisdictional activity in cases involving moral damages. Next, it points out main problems this situation represents to Brazilian Law from the standpoint of our juridical dogmatics and public policies. Additionally, it proposes the execution of an empirical research for comprehension of the structure and fundamentals of jurisprudence on the punitive character of civil responsibility for moral damages and establishes criteria for use in this research based on theories of punishment. Finally, it positions the problem of punitive function of civil responsibility in the broader ambit of relationships and boundaries between civil and criminal responsibility.
ASSUNTO(S)
direito civil direito penal pena (direito) jurisprudência
