Direito do consumidor: promoção da cidadania nas relações de consumo.

Abstract

Among the social relationships which have developed throughout many times, legal relationships are highlighted, demonstrating in each human need that one offers that which it is excess to satisfy what to another person is needed. Thus, there is the concept of consumer relationship, which is one where listed a business owner or service provider that fits as a supplier, that is, one that places on the market goods and services and the consumer who is the final recipient of the activity or product offered by the former. And as underpinning the ancient Roman sentence, where there is a society there is the law, this view of consumer relations brings to the system the duty to establish guidelines for the parity is preserved, the balance that is sometimes not respected, leaving a subject as a disadvantage, in most cases, the consumer. This work has as main objective to analyze the protection given by law to the citizen as consumer framed as a way to promote citizenship, provided that full participation and social inclusion of individuals that composes society. Specifically, it intends to understand the historical path followed by the national legal system to establish the rights and duties of consumption ratio of participants and also demonstrate the effectiveness of the institutions responsible for consumer protection that are present in the country. To this end, methodological lines were adopted: in the deductive method approach, starting from the major premise which is the protection given to citizens in the Federal Constitution of 1988 to reach the minor premise which is the definition of that as a consumer, the specific legislation; in the procedure were adopted the historical-evolutionary and a research methods indicated to understand the causes and consequences of a certain phenomenon. The indirect documentation technique provided the necessary material, formed by legislation and doctrine on the subject. Hence, it was found that the Constitutional Charter of 1988 explicitly on some items and implicit in others, not only updated the domestic law to legitimize the consumer protection, as similarly treated it with special importance, since if previously consumer relations were managed by civil and commercial laws, based on it the constitutional legislator eventually erect a current branch of law in consumer relations. And yet, this protection extends through the Consumer Protection Code as constitutional legislation that regulates and expands the rights and obligations arising from the concern of the original legislature. It was also noticed that the Brazilian consumer suffers first because the components of the protective system organs, despite having legal powers, they lack of physical, material and human structure to carry out their activities properly and then, for not having enough training to fight for their rights and assert their fundamental guarantees.