Contratos bancários sob a égide do Código de Defesa do Consumidor.

Abstract

This work has as mark the search for the focus of the bank contracts under the aegis of the Code of defense of the Consumer, or be: to analyze the consumption relationship between the bank institutions and the consumption, always observing the customer, that can be natural person or juridical, tends as objects of that relationship: the products and the services. The banks are included in the supplier concept, as prestadores o f services and the activities for him developed to the public submit to the product concepts and services, as they set down the paragraphs 1st and 2nd of the article 3rd o f the Code of defense o f the Consumer - CDC. Considering that the product of the bank institution is the money, material that the consumer is been worth for the satisfaction of their needs, as well as the endered services, be through adhesion contratosm, us which the consumer simplemente is in the compulsory nature o f accepting or not, once he/she doesn't have any power to say on what is described in the terms o f the contract, most o f the time abusive and even harmful to the consumer, that he/she submits the these terms from necessity pressing o f the resources to cure other problems of financial order or even o f survival, tasis as problems o f he/she greets among others. This work also presents the focus on the judgement of ADIN 2591, where the banks wanted their consumption relationships not to be approached on the light of CDC , that ended being defeated historically in STF.