PUNITIVE DAMAGES AS A GUARANTEE OF THE EFFECTIVENESS OF LEGAL RULES
DOI:
https://doi.org/10.58210/fprc3417Keywords:
Punitive Damages. Proportionality. Responsibility. Limitation of Punishment.Abstract
This article, based on the logical-deductive method, based on national
and international literature, has as its scope the analysis of the effectiveness of legal
norms. The application of law involves the creation of legal norms and the adoption
of a system that guarantees the effectiveness of these norms. The economic
interpretation of the law makes it possible to establish the relationship between
sanction and normative effectiveness, so that the effectiveness of the norm will be
directly proportional to the effectiveness of the sanction. The punitive damages
institute accepts the premises of the economic interpretation of the law and imposes
that each sanction is determined in a percentage sufficient to make the illicit acts an
activity that generates losses. The study allowed us to conclude that the punitive
damages institute is a useful instrument for the national legal system.
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Copyright (c) 2022 Claudio José Langroiva Pereira, Gabriela de Castro Ianni, Marcelo Carita Correra
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