Punitive damages its intriguing concept and its application in the Brazilian jurisdictional system

Abstract

The traditional boundaries and updates to civil liability in the Brazilian Civil Code have not yet been sufficient to meet all the demands and perspectives of society. Analyzing its punitive, pedagogical, compensatory, or reparatory functions remains a subject of debate. The intention is to question the developments of compensation for moral damages in the application of punitive damages in Brazilian Courts, as well as its requirements and applicability. This concept, which holds significant importance in the U.S., has also been adopted in our Courts; however, its application is still a topic of contention among scholars and jurists, who are sharply divided between defending and criticizing it.