A atuação do Ministério Público na tutela do consumidor.

Abstract

This work aims at to make a boarding concerning the performance of the Public prosecution service in the guardianship of the consumer, being taken as starting point the placed procedural ways to the disposal of the consumer from the edition of the Law of the Public Civil action and the Consumehsta Code, to promote the defense of the consumer in judgment, reputing it as more vulnerable part in the relations of I consume, and using as more adequate ways the public civil action, the collective civil action amongst other remedies cited in the Code. The determinative factor to justify the necessity of implementation of this guardianship was the recognition of that the consumers met vulnerable in the consumption market, that is, forsaken in educational, informative terms, legislative substances and; e, the constatacao of the evident inaquality of conditions between the consumer individually considered, of a side, and the supplier of goods and services of the other, being convenient, therefore, that the consumers if group or deliver to an agency with bigger capacity of postulation the defense of its real interest. In this context, we will focus the devices of Laws 7.437/85 and 8.078/90, with prominence for the performance of the Public prosecution service, from its constitutional profile tracing in the CF/88, of indispensable institution to the defense of the interests of the collective, amongst which the diffuse interests; allied to the search for the effectiveness of the jurisdictional guardianship, that since the end of century XX, passed to be faced as right basic in the modern legal systems. This right to the effectiveness is decurrent of the constitucional law of joinder of causes of action with due process of law, appearing to the public civil action, the class action, the civil inquiry, well thus, all the other ways analyzed in elapsing of the monograph as corollaries of the ample access to the judiciary power guaranteed in the great letter in its art. 5°, interpolated proposition XXXV. Therefore, a study deepened of the performance of the Public prosecution service in the defense of the consumer becomes more necessary, focusing all the ways studied in this occasion not only as effective practical instruments that the Public prosecution service has to its disposal to sponsor the defense or protection of the consumer in judgment, but, mainly, visualizing them as the expression apt to the exercise of the citizenship, capable of hindering or restraining damages the consumer and the other good tutored people.