Reflections on the compatibility of punitive damages with the Brazilian legal system after the recent decision to homologate a foreign judgment in Brazil by the STJ

Abstract

The treatment of punitive damages, from a punitive function to civil liability, returns to the center of debates during the STJ's judgment in homologation of a foreign sentence where the subject was treated. In this sense, an important way was opened up by the Ministers' conclusion for the Brazilian legal system to recognize punitive damages. On the contrary, some decisions have expressly mentioned the punitive function, although linked to the compensation of moral damages, in a different sense that happens in Common Law countries. The need to find instruments for the effectiveness Fundamental Rights in Brazil is perhaps a strong reason for reflection and permanent debate about this institute and its application in the national legal system.