Punitive Damages: United States conceptualization of the doctrine and case law analysis of Santa Catarina Court of Appeals

Abstract

This article essentially intends to contribute with the current doctrinal discussion regarding the institute of punitive damages, as it is known in its Anglo-Saxon origins. For this purpose, the study is divided in two parts: in a brief first moment, one dedicates himself to clarify the components of the institute itself - detailing its definition and characteristics, functions, and disambiguating it from the punitive function ascribed to noneconomic damages under Brazilian law. The second half concentrates on the analysis of the institute in relation to Brazilian legal system - specifically with a detailed diagnosis of how it has been used by the Santa Catarina Court of Appeals.

Keywords:
Punitive Damages; Tort Law; Comparative Law; Case-law Analysis.