Análise jurídica acerca da efetividade do código de defesa do consumidor face às práticas abusivas.

Abstract

Abusive practices are ways of increasing the vulnerability of the consumer through behaviors that, whether in the contractual sphere or at its edge, exploit the good faith or the consumer’s situation of economical or technical inferiority. The supplier avails himself of his superior state in the consumer relation in order to commit abuses, that often harm the consumers, putting them in a situation of exaggerated disadvantage and hurting the contractual balance. The presence of this kind of behavior in the national consumer market has been growing, which can be proved by the vast judicial demand around this subject. Thus, the research aims at analyzing the abusive practices listed as examples in the Consumer Code, article 39, as well as others that are not in this list, and which are often present in the consumer relation. Therefore, the approach method adopted is the inductive, and the procedural methods used are the historical-evolutionary and the monographic. The present work has social relevance, since the consumer’s defense constitutes a fundamental right, as well as the fact that consumer relations are ways of supplying the basic needs of society. This study also presents considerable juridical importance, since it contains practices that are inserted in the consumer relations and that contradict the legal system, and that, consequently, cause conflicts that overload the judiciary. The research, besides showing the supplier’s superiority and the consumer’s fragility, and justifying the latter’s vulnerability in the consumer relation, still brings up the ineffectiveness of the CDC at facing abusive practices, since they have been increasingly present in the consumer market, in spite of the law.