Responsabilidade civil do fabricante de automóveis por defeito em série e não uso do recall.

Abstract

With the mark of giving a larger balance to the consumption relationships originating from of the social coexistence that, progressively they go being submitted to the canopy of the juridical order, where precepts necessary are imposed to the agents' observance, inside of an authority system, in that corporations of the society politically organized if they are worth even the one of the force to maintain your project of discipline of the socioeconomic relationships. Assisting that longing was conceived the Code of defense of the Consumer (Law n° 8.078, of 11.09.1990), answering to the old demand of the market economy. In that line it is well of seeing the concern of the legislator with the relative theme to the consumers, for the outstanding content of public and social interest that involves the matter and for the existent implications with relationship to the improvement of the juridical order. The field of incidence of the Code is ruled by the notion of consumption relationship, in other words, the entail formed between the supplier and the consumer, tends as object the circulation of products or services for final destination. In that sense it is inserted in the line of protection of the human person's fundamental values in society, and the evolution of that modern system of ideas vineyard being already operated from the Federal Constitution, in your art. 5°, inc. XXXII, which sets down that the " State will promote, in the form of the law, the consumer's " defense and that also has projection in the art. 170, when proposing that the economical order should observe certain fundamental beginnings, among them the consumer's defense. The civil responsibility is embraced in your salience with relationship to the repair of caused damages. In the manufacturers' of automobiles case that for defect in series in the production gives cause appealing accidents, that will be able to try in a public civil action with base in lesion to you interest and collective rights, that for effects of CDC, they are " the transindividual of indivisible nature that is titular group, or people's class called to each other by a relationship juridical base. Or still for hurting diffuse rights, that according to CDC, they are " the transindividual of indivisible nature, that are in fact titular uncertain and linked people for circumstances. The public prosecution service can through action to plead those individual interests. In that order of ideas that work that intends with fidelity to treat from the responsibility civil front to CDC in a correct and efficient way proceeds, so that he/she has important academic meaning.