Danos Morais: O Ingresso Da Pena Civil No Sistema De Direito Privado Brasileiro

Abstract

The so decanted impunity attached to the violation of what is proposed in the Universal Declaration of Human Rights, in special the conduct practiced by transnational companies, which settle in developing countries, were an inspirational source for the present work. The main focus of this work was the study of the Brazilian Legal System and the possibility of filling gaps found in the Institute of Civil Responsability, and, in it, the matters reffering to moral damage through the applicaton of the civil penalty. The Institute of Punitive Damages used in the legal system of countries of the “Common Law”, in our view, is a mechanism that, if implemented in Brazil, can contribute to attend the necessity of averting the delict, acting preentively while punishing eventual transgressores. The so decanted impunity linked to violation of what is proposed by the Universal Declaration of Human Rights, especially the practiced conduct by transnational corporations, which set up themselves in developing countries, was an inspiring source for the present work. The main focus of this work was the study of the Brazilian Legal System and the possibility of filling gaps found in the Institute of Civil Liability, and in it, the matters related to moral damage caused by the application of the civil penalty. The Institute of “Punitive Damage”, used in the legal system of “Common Law” countries, as we see it, is a mechanism that if implemented in Brazil can contribute to addressing the need to prevent crime by acting preventively while punishing eventual transgressors. In this context, the present investigation will conduct some analyzes on the application of the civil penalty to moral damages in the system of private and public law. It will be evaluated the damage, the guilt, as well as the civil penalty and its autonomy, as well as their application requirements. Have as general objective to reflect and pose questions inherent to contemporaneity, situating the homeland legal system on a broad aspect, inserted in a global context and the particularities of this new society. The research will begin with a bibliographic survey, not only of the doctrine and its derivatives but even in articles and works in the area of Law, Sociology, Anthropology, and History of Economics. The deductive/inductive method will be adopted, this being the most appropriate means for the development of the present work, due to various interpretations and discussions under the most diverse aspects of the theme.