As indenizações devidas pelas instituições financeiras em razão dos danos causados aos consumidores em sede de juizados especiais na comarca de Sousa-PB: a problemática do quantum.

Abstract

Since antiquity, the relationships between consumers and suppliers were tainted by discussions. With the advance of capitalist society, with trade becoming increasingly aggressive in seeking profits and significant results, there are inevitable social and economic inequalities between individuals, which confirmed that the application of formal equal treatment between them is totally inadequate when it comes to protection of rights, especially those pertaining to consumer rights and financial institutions. This assurance of compliance with consumer hipossuficiencia was established as a general principle of economic order in order to reconcile the protection of the consumer with the need for economic and technological development, which is undeniable. Thus, the law provides for the accountability of the provider by accidents of consumption, which should ensure the fundamental right to protection of the consumer under the Consumer Protection Code (CDC). Given the above, for dealing with rights derived from the human personality, it is the offender a penalty in the quest to provide indemnity to the injured person means to relieve their feelings hurt and aggravated. Thus, this study used the research literature, by the deductive method, whose goal is to show that the compensation for moral damages paid by financial institutions in the special courts are negligible, since such compensation for moral damages should serve as example and warning to financial institutions, preventing the recurrence of practice offense for them. Compensation should not be excessive to the point of becoming a cause of destruction of the offender, but should not be insignificant as not to restrict or less depressing future practices and the like, leaving the judge to apply the theory of discouragement, so as to avoid the recurrence of fraudulent practice.