Restrições à indenização punitiva no direito brasileiro princípio da reparação integral como norte para fixação da indenização

Abstract

The present study aims to analyze the so called “punitive function of the indenization” in civil cases, which has been evoked by part of the authors and in Case Law. The study starts with a historical perspective of civil liability, with which points the roles of the institute brought by Law and by the “utter repair principle”. With a brief exam of comparative law, quests to show how are applied the punitive damages in Saxon Law, institute that inspired the “punitive function of the indenization”. Considering Brazilian Law’s reality, indicates alternatives to the application of the punitive damages, in order to reach the goals pursuited by the “punitive function of the indenization” without violating the “utter repair principle”.