A função punitiva da responsabilidade civil no ordenamento jurídico brasileiro

Abstract

Civil liability currently has as its main and almost exclusive function the repair of damages of the injured by the wrongful act. However, there is a real need not only to repair the damage already done, but also to prevent others from occurring. In this turn, some understand that the scope of civil liability should not be limited to compensation for damages, but that this should extend to the punishment of the agent who practiced the conduct. The punishment should be applied in order to discourage the conduct of the agent, making it economically disadvantageous. This paper seeks to explain about this punitive function, as well as its possible application in the country order.