Da (in) aplicabilidade do CDC ao Contrato Locatício residencial regido pela Lei n. 8.245/1991.

Abstract

The residential rent contract is a controvert issue regarding the possibilities of applying the Brazilian Consumer Protection Code - CDC to renting relation. Thus, the present work attempted to investigate the (in) applicability of CDC to residential relationships. In order to do so, adopting the method of deductive approach and the method of monographic procedure, helped by the techniques of bibliographical and documentary research, a doctrinal, jurisprudential and legal analysis was carried out in regard to the theme, opposing different positions looking for a correct and just understanding of the possible complementarity of the Brazilian Tenant Law by the consumer code standards. Thus, according to the systematic and coherent design of Brazilian legal system, its basic guidelines, especially those related to business in general, tend to be vulnerable in contractual relation of one party to the detriment of the other, as well as the general character of the CDC and its adequacy in relation to the search for balance in the contractual relationship, one can conclude that the most correct and just position is that which contends for the harmonious and complementary coexistence of the consumerist norms with the Brazilian Tenant Law with regard to residential renting contracts.