Limites da aplicação da cláusula penal: impossibilidade de cumular multa compensatória com perdas e danos decorrentes do inadimplemento contratual

Abstract

The penalty clause is a contractual clause, previously established between the parties, which aims to ensure the risk of default or delay of the contracting parties. Thus, it has become a widely used tool nowadays and has generated great controversy, which is why the Superior Court of Justice has sought to regulate and limit its legal application through its jurisprudence. Thus, this thesis aims to analyze the case law of the Superior Court of Justice regarding the impossibility of cumulating the application of the penalty clause with the request for indemnification for losses and damages arising from breach of contract. Through the main concepts and characteristics of the penalty clause and losses and damages, the reasons that led the Superior Court of Justice to limit the application of the compensatory fine and prevent its accumulation with the compensation for losses and damages arising from breach of contract will be demonstrated