Indenização punitiva e a proteção ao consumidor: uma análise de suas perspectivas no direito brasileiro

Abstract

A study about the institution of punitive damages and its application on Consumer Law. First of all, a brief analysis was done concerning civil liability and, more specifically, the punitive role of compensation for moral damages. Afterwards, the importance given to consumer protection by the Law was demonstrated. Furthermore, a discussion was had regarding the means through which punitive damages may guarantee such protection, both through punishment as well as prevention of damages. Afterwards, research was conducted based on jurisprudence from the Alagoas State Court involving compensation for moral damages which ruled against cellphone providers over the last three years. This approach provided a way to observe how punitive damages are applied in practice. Finally, an analysis was made regarding the compatibility of this institution with the Brazilian legal system, as well as how its insertion into law may be carried out.