FERNANDES, R. A. B.; http://lattes.cnpq.br/4071940448473546; FERNANDES, Rosália Amélia Bezerra.
Résumé:
It is of the knowledge of all that in Brazil a great habitational deficit still exists. As alternative
instrument of softening the habitational problem was created at the country the Law 4.380/64
as the primordial objective of facilitating the acquisition of the own house especially for the
layer of the population of smaller income, through contracts of habitational financing the they
be firm between the consumer-unitholder and the authorized Financial Institutions by the
Central Bank of Brazil. The Code of Defense of the Consumer, norm of public order, assures
the basic rights of any consumer when acquiring a product or service as final addressee, being
included the activities of bank nature. The present work was elaborated by the adoption of the
historical-evolutionary and inductive methods allied the bibliographical research. He has as
objective, with uncoiling of the same, to explain the applicability of the Code of Defense of
the Consumer in the contracts of habitational financing, as well as to approach the doctrinaire
positionings and of the jurisprudence. It will be analyzed the appearance of the property and
her social function, the home as primacy of the human person's dignity, the Financial System
of the House, the bank contracts, the habitational politics and the Code of Defense of the
Consumer, the bank as supplier of the bank services of consumption, the theory of the costly
excessive of the Code of Defense of the Consumer and the habitational contracts, the abusive
terms in habitational contracts and, the revision of the habitational contracts and the rigidity of
that that the parts of common agreement stipulate and they accept should be faithfully
accomplished. He still intends to elucidate the application of the norms of the consumer's
defense in the contracts of habitational financing, in face of the defense of the consumerist
weak front to the powerful existent economical empire in Brazil.
