A restituição do lucro ilícito obtido pelo lesante

Abstract

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 Award	23 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria João Pestana de Vasconcelos (Supervisor)