A abusividade nos contratos bancários à luz do código de defesa do consumidor.

Abstract

This scientific research aims to deal with a topic that is quite discussed on the Brazilian law: the unconscionability on the Bank Contracts in the light of the Consumer Protection Code. The study was guided by the following goals: analysis, about the historical evolution of the Consumer Protection Code, showing its rise on the vernacular rights, presenting its constitutional grounding, going through the consumer concept and features, demonstrating the abusive clauses that permeate the bank contracts, covering the protection originated from the Consumer Protection Code, the contractual modality that enormously permeates the consumer relations, and, also, the guiding principles, in order to avoid one excessive burden to the consumer, considered powerless on the consumer issues. Serving up from bibliographical and exegetical-juridical methods, with the use of doctrines, code, laws, and Internet articles, as well as the relevant jurisprudence to the stated questions, in short, to weave the consistent outlines to the performance of the financial institutions, regarding their client, and, also consumer. Proving that is required one punctual action of the Judiciary to restrain the financial institutions tricks that are tending to indulge themselves in an opposite way to the legal order. It is relevant the study as conceptualizes the bank contract as embraced by the Consumer Protection Code, and, therefore, must be excised of this the abusive conditions that cause excessive burden to the consumer.