Novos paradigmas da responsabilidade civil: a (im)possibilidade da aplicação da teoria do desestímulo

Abstract

This study was a result of doctrinal and jurisprudential research, and it maim to verify through doctrinal and jurisprudential understandings the compatibility, or not, of a punitive character of moral damages to the Brazilian legal system, as well as the possibility of applying the punitive damage theory. Displays context of the principle of human dignity and fundamental rights in the Federal Constitution. Brings notions of civilian responsibility, its historical evolution, concept, assumptions and function. Characterizes the moral damage, its concept and features; presents the of punitive damage theory, its origin, characteristics, how doctrine was adopted by the country and the Superior Court of Justice. Analyzes the (im)possible application of function punitive to moral damage by punitive damage theory, before the new paradigms of civilian responsibility and fulfillment of the social function of the indemnity.