Punitive damages in products liability

Author(s)

Geandrei Stefanelli Germano

• Document type: Master's Dissertation
• Press: São Paulo.
• Institution: Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD)
• Defense date: 2011-04-01

Examining board members

Silmara Juny de Abreu Chinellato; Antonio Carlos Morato; Marco Antonio Zanellato

• Advisor: Silmara Juny de Abreu Chinellato

Abstract

This study aims to examine whether the legal institution of punitive damages, coming from the Common Law, is applicable in national law, particularly in the context of consumer relations. This essay, besides presenting historical overview of punitive liability, explains how this responsibility is being accepted in Brazil and concludes that there are two main instruments of action. The first instrument is based on the increase of the compensatory damages to punish the defendant. The other one is the punitive damages. We believe that punitive damages were more suitable to the current consumer society in Brazil, because it represents a value that is set apart, with the purpose of punishing and evaluated according to the complexity of the case by the magistrate, giving dynamism and efficiency to the punishment. In this sense, we proposed rules that in our opinion would be most suitable for the application of punitive damages and setting of the punitive quantum under products liability, as well as factors warranting the application of this legal institution in these relationships. We present, moreover, analysis of the applicability of punitive damages in the legal systems of Common and Civil Law that most influence Brazilian Law. (AU)

• FAPESP's process: 08/51654-2 - Punitive damages in products liability
• Grantee: Geandrei Stefanelli Germano
• Support Opportunities: Scholarships in Brazil - Master