Garantia contratual para veículos novos: perspectivas do direito do consumidor.

Abstract

The objective of this study is to analyze the married sales organization present in the commercialization of new vehicles, with the purpose of justifying the merit of the extended warranty offered by the concessionaires to consumers. To do so, it was necessary to develop a study about this abusive practice, starting with the historical factors of the consumer legislation, the explanation of the principles and soon after, the concepts and presentation of the legal and infra-legal diplomas that deal with the subject. In bibliographical research, the specific principles of consumer relations were identified and brought to the present work only those necessary for the logical understanding of the consumer relation, that is, the principle of the dignity of the human person, transparency, vulnerability, good faith and fairness where it was possible to verify that their abusive practice violates them, and especially that of the technical informational vulnerability. This violation is first and foremost a direct affront to constitutional precepts, which is the basis of consumer law, to constitutional law guaranteed to all such protection. The basic consumer rights and their doctrinal and legal concepts, presented in Law no. 8.078 / 90, better known as the Code of Consumer Protection, and in doctrine, were discussed. Moreover, the legal, penal, concept, constitutional forecast, and its relation to the Brazilian tax order were dealt with on the sale of the marriage. Next, it was necessary to present the terms used by consumer law on contractual and legal guarantees, and how these institutes are applied in the car sales trade. Through these analyzes, together with the understanding of state intervention in the economic domain, and bill 9074/2017, it can be verified that the mandatory binding of the consumer to the revisions in the concessionaire, in order to obtain and maintain the guarantee offered in the sale of the automobile, is nothing more than an abusive practice that goes against constitutional and consumerist principles, but can be characterized as an abusive practice of implicit marriage sale. The methods used in this scientific research were the deductive and the monographic one, due to the relevant contextual importance of the strong presence of the abusive practice of married sale in the daily life of the consumerist relations, since they are inserted in the context of the juridical and social sciences and as such influenced by the past. The research was carried out in scientific articles of specialized magazines, books, virtual publications and normative diplomas on the subject allowed the elaboration of an opinion about the practice of the married sale in the consumerist relations. In this way, this academic research can be classified as exploratory, theoretical and prescriptive.