A aplicação das funções preventiva e punitiva do dano moral na teoria do desvio produtivo do consumidor.

Abstract

Civil liability in the consumer sphere is, in general, objective, imposing on the supplier the obligation to repair damages to the consumer, regardless of fault. This covers moral damages, with preventive and punitive functions. The first seeks to prevent future injuries, while the punitive one acts as a reparation-sanction for the offense caused. However, the "culture of mere annoyance" denies compensation for extra-patrimonial damages, and thus the Productive Deviation Theory emerges, which highlights how consumers are harmed throughout their lives by failures in products or services. This article explores the possibility of this theory being applied as a punitive disincentive mechanism for suppliers who violate basic consumer rights. The research covers bibliographical, jurisprudential and legislative aspects to understand the applicability of the theory and its relationship with the functions of moral damage. In this way, the negligence of suppliers is observed, making resolving pending issues a real challenge for the consumer and the Judiciary.