Responsabilidade civil do fornecedor de serviços advocatícios na relação de consumo.

Abstract

When the relations human beings unbroken or are balanced, the specter of the responsibility remain latent, i f not configuring the estimated ones for its occurrence. One says, then, that it has partner-legal normality. Therefore, when the principle that conducts begin of the responsibility is violated - they neminem laedere -, the responsibility has, at last, its congregated elements, appearing as obligation to repair the damage. This basic postulate of the responsibility is of general matrix, however, according to more with the civil sphere, which had its proper nature to conduct the situations and the acts that to get into the life of the individuals. In the current times one another branch of the Right o f more important existence also holds perfectly the corollary of the civil liability. One is about the Right of the Consumer, one of the biggest advances in our native right, that originated from its inclusion between the rights and basic guarantees in the Federal Constitution of 1988, for, three years later, to be regulated in specific law - Law n° 8.078/91, that it institutes the Code of Defense of the Consumer. In the Code of Defense of the Consumer the fact of the civil liability grow in importance in the measure where i f they relate the citizens brought in its proper structure: supplier and consumer, that in tonic of related device is equidistant between itself in function of domain and preparation technician of that it makes use the supplier in detriment of the consumer, who always is vulnerable flaunter, for not being detainer of the knowledge and specific techniques of that i f valley the supplier when playing its activities. From this criterion i f it originates the vulnerable. I f this relation of consumption that is indeed complex, is unbalanced, causing damage for the consumer, it they neminem laedere was broken, and the civil liability starts to exist. The Code of Defense of the Consumer has the merit to discipline as principle north the civil liability of the supplier of services, as measured of protection and guarantee to the consumer me reason of its vulnerability. In these terms, the work i f considers to discourse concerning the relation between lawyer and customer while citizens of the consumption relation. The lawyer is indispensable, inviolable and essential to the administration of justice. Therefore, he is presumed that the lawyer is an ethical professional, responsible, expert of its craft, with support technician enough to give to the services the one that i f considers. However, not rare this swaggerer does not confirm itself. Our objective work to carry through a quarrel concerning the civil liability of the professional of the right, with the particularitity of to stand together he in the consumption relation. Our bigger interest is to make an alert one to the students and the professionals of this area on the necessity of i f implementing gradually in practical the this new concept of responsabilization, therefore even so little argued and adopted, it is increasing in our country the actual damages to the customers for the harmful and negligent performance of the lawyers in this area.