“Punitive damages” and their incorporation into Peruvian law: reflection on their usefulness in mass damages proceedings

Alcántara Francia O.A. · Juridicas (2021) · DOI: 10.17151/jurid.2021.18.2.3

Resumen

Objective: This article raises a reflection on the incorporation of the Anglo-Saxon figure of “punitive damages into the Peruvian consumer law “ in order to eliminate cases in which the behavior of the offender expressed in indifference, disinterest, etc., towards the victim is not punished and may even constitute a profitable activity. Methodology: Hermeneuticsynthetic methodology for the characterization of the cases of private punishment, administrative sanctions and mandates. Application of the compared method in the evaluation of its implementation in the jurisdiction and/or in sanctioning administrative headquarters. Results: Its adoption, through consumer arbitration for the cases of protection of interests and in judicial proceedings for the protection of diffuse interests, can generate positive effects in the market. Conclusions: Disincentive of reprehensible behavior derived from massive damage.

Instituciones: Universidad de Lima