A aplicabilidade do código de defesa do consumidor nos contratos de financiamento habitacional.

Abstract

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.