Punitive damages aplicability and the utilization of punitive-exemplary criteria to quantify general damages awards analysis of appeal n. 5053531-87.2019.8.21.0001 judged by Tribunal de Justiça do Rio Grande do Sul

Abstract

These comments analyzed the judgment pronounced by the Justice Court of Rio Grande do Sul in matters of civil liability. That case involved actual, general, and esthetic damages due to cancer caused by breast implant, awarding general damages in its compensatory and punitive-exemplary functions. This paper aims to analyze the punitive damages doctrine and its applicability in Brazil, as well as the punitive-exemplary function of general damages in this case