A restituição do lucro ilícito obtido pelo lesante

  • Maria Beatriz Soares Passos (Student)

Student thesis: Master's Thesis


This dissertation has as its main objective the search for a mechanism capable of recover the profit obtained by the damaging party, through the practice of an illicit fact, which exceeds the damages actually suffered by the injured party. We will analyse the purposes of civil liability in order to understand whether the restitution may occur through this institute. In this context, the admissibility of punitive damages in the Portuguese legal system will be denied. We will seek to consider the extent to which the restitution of illegal profit may take place within the scope of other civil institutes, such as unjust enrichment and business management. Finally, we will proceed to the dogmatic framing of the restitution of illegal profit within the institute of civil liability, configuring the profit as a non-pecuniary damage autonomously suffered by the injured party.
Date of Award23 Jul 2021
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorMaria João Pestana de Vasconcelos (Supervisor)


  • Illegal profit
  • Civil liability
  • Non-material damages
  • Punitive damages
  • Unjust enrichment
  • Improper business management


  • Mestrado em Direito

Cite this