Incumprimento, danos punitivos e ordem pública – Sobre os limites ao reconhecimento da sentença arbitral em Portugal e no Brasil

This study examines the constraints on the recognition and enforcement of foreign arbitral awards imposing punitive damages within the jurisdictions of Portugal and Brazil. Despite the lingering dogmatic resistance prevalent in Civil Law traditions, the pragmatism of the common law, alongside established legal institutes that already permit a clear dissociation between actual loss and final indemnity, has permitted a necessary opening of the recognition and enforcement system. Considering this and based on settled jurisprudence, this study proposes that the international public policy clause does not constitute an absolute barrier to the recognition of punitive damages, provided that the award remains proportional.