Abstract

SILVEIRA, Chelsea Almeida  and  WERNER, Felipe Probst. CIVIL LIABILITY OF THE MERGER COMPANY FOR THE MORAL DAMAGES CAUSED TO ACQUIRES: REFLECTIONS ON PUNITIVE DAMAGES AND THEIR APPROPRIATENESS IN THE CONTEXT OF CONSUMER AND REALTY RELATIONSHIP. Revista Internacional CONSINTER de Direito [online]. 2020, n.10, pp.565-584.  Epub June 30, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00010.28.

The present study analyzes the real estate incorporation into a social perspective, with the aim of promoting the debate of the business activity importance exercised by de incorporator in the globalization of the housing right, especially among the families of middle and high income. The research show that the legal relationship between the incorporator and purchasers of autonomous unit under the construction is doubly protected by the Brazilian legal system, attracting the incidence of the Act of Incorporations and the Consumer Code, standards that are concerned about the ethical aspect of the massive trade relations. Base don classic and contemporary doctrines, this paper argues that an alternative to reduce or eliminate abuses and illegalities by the entraining in the real estate market, is to apply the idea of punitive damages. Beside that, the economic analysis of real estate development show that, in cases of cicil liability for damages, the compensation adjustments dwindling by the judiciary can be a harmless measure on protection of that collective that, alone, facing the housing market to have Access to a dwellling. At the end od the studies, the article encourages the overcoming of extreme legal positivism, as tentatively have been doing some courts, and reflects on the need to achieve the developers that the law will acto n what they are more sensitve: the profit.

Keywords : Real estate incorporation; Consumption relationship; Punitive damages..

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