摘要：This paper aims to analyze the contentious issues related to the introduction of punitivedamages doctrine to Brazilian consumer law in order to verify if its application would makeconsumer protection more effective. The method applied to this paper was the bibliographicresearch in national and international doctrines and case law. At the end of the analysis, it wasverified that while part of the scholars and judges highlight the advantages of the institute`sapplication in consumer law, others present some questionable elements that they consider athreat to Brazilian legal system. To sum up, considering the reasons from both positions, thepaper concludes that the institute`s application to Brazilian consumer protection would makeit more effective if it was applied in certain well defined hypothesis, according somedetermined criteria and respecting the particularities of Brazilian legal system.
关键词：Indenização punitiva. Teoria do desestímulo. Direito do Consumidor.
