BRAGA, R. E. M.; http://lattes.cnpq.br/9541092958478913; BRAGA, Renata Elisa Moreira.
Resumen:
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.