Responsabilidade civil: um estudo sobre os meios de prevenir o comportamento ilícito

Abstract

The present work aimed to analyze the means of preventing illegal behavior within the civil liability institute. It has been shown that in other countries the civil liability institute has different functions in addition to reimbursement. Thus, we sought to analyze civil liability with a focus on preventing damage and punishing the offending agent, with a disincentive to their behavior, since the current model provides only compensation for the civil damage to the victim, without preventing the victim. damage occurs. To support the studies, examples of cases and companies that use the compensatory function to profit, since the amount paid as compensation is lower than the gains obtained with the illegal behavior. In addition, jurisprudence that demonstrates the tendency of the Brazilian jurisdiction to apply the function of punitive damages, or punitive damages, with the aim of punishing potentially unlawful behavior and preventing civil damages, was analyzed. To do so, use the bibliographic research methodology, looking for data and references that broaden the understanding of the topic addressed, in addition to the conceptualization of current civilist legislation, using the analytical-descriptive method.