REIS, L. M. N.; REIS, Leônidas Mendes Nogueira
Abstract:
The topic to be developed in this thesis has the intention to demonstrate from an
analytical-critical point of view the legal and social relevance of electronic commerce
regulation by Decree No. 7962/2013, showing the attitude of the public authorities in
relation to development and protection of the rights consumer, using for this, the
judicial tools that are at your fingertips. This process of evolution and positive
consumer rights has been developing over many years, internationally and nationally,
with the result of social struggles and yearnings that area.It’s will may be noted that
the proliferation of these entrenched rights consumer arises from its provision in the
Federal Constitution of 1988, when they were elevated to the categories of law and a
fundamental guarantee. Being principled basis, consumer rights needed to be willing
to express way, so that your application would ensure the goals and values
expressed in the Constitution. At this juncture, it is edited the Code of Consumer
Protection, which is considered a legal microsystem aimed at giving the ballast and
the necessary application to such rights, as well as its subsequent regulations
regarding hiring through the electronic environment. Thus, based on reasoned and
grounded theories, we tried to understand the rules of the CDC in the aspect of
electronic commerce, while leading protective element, in terms of new forms of
business interaction adopted by consumers and reaching conclusions about the
effectiveness of the standard, but with the need to improve some points raised in the
survey. Therefore, it was used as a technique of the literature, also employing the
historical method. The method of approach was deductive, starting with general
formulations that could centralize the subject-object to be addressed.