Relações de consumo e a dificuldade probatória da (in)existência de dano moral.

Abstract

By making a product available on the market that may cause harm to the consumer, the supplier can and should be held responsible for repairing the damages caused, establishing the feasibility of characterizing and recovering the compensation for moral damages for the benefit of the consumer. However, in today's consumer relations, where in most cases the consumer counts as the subservient hub, there are numerous difficulties in being able to prove the damage and the nexus that makes the supplier responsible for the product or service. Thus, the present work of course conclusion aims to expose the probatory difficulty of moral damage in consumer relations, investigating and demonstrating the reasons that cause this difficulty according to the observation of doctrines, articles and jurisprudence, components of the national legal order. All of this material was gathered by means of a documentary search for bibliographic review, in articles available in virtual databases, which had their contents analyzed through the historical, comparative and systematic method. To that end, it carried out a bibliographic study that demonstrates the general characteristics of consumer relations, the rights conferred on consumers and suppliers, agents of the relationship, as well as the main reasons for the difficulty faced by consumers in being able to prove damages and have their rights respected. In this context, we have also demonstrated the solutions suggested by the doctrines to alleviate the inequalities that still exist in this relationship, associated with previous jurisprudence that have already pronounced on the subject.