MEDEIROS, E. D.; http://lattes.cnpq.br/7682858483023774; MEDEIROS, Esaú Dantas de.
Abstract:
This scientific research aims to deal with a topic that is quite discussed on the
Brazilian law: the unconscionability on the Bank Contracts in the light of the
Consumer Protection Code. The study was guided by the following goals: analysis,
about the historical evolution of the Consumer Protection Code, showing its rise on
the vernacular rights, presenting its constitutional grounding, going through the
consumer concept and features, demonstrating the abusive clauses that permeate
the bank contracts, covering the protection originated from the Consumer Protection
Code, the contractual modality that enormously permeates the consumer relations,
and, also, the guiding principles, in order to avoid one excessive burden to the
consumer, considered powerless on the consumer issues. Serving up from
bibliographical and exegetical-juridical methods, with the use of doctrines, code,
laws, and Internet articles, as well as the relevant jurisprudence to the stated
questions, in short, to weave the consistent outlines to the performance of the
financial institutions, regarding their client, and, also consumer. Proving that is
required one punctual action of the Judiciary to restrain the financial institutions tricks
that are tending to indulge themselves in an opposite way to the legal order. It is
relevant the study as conceptualizes the bank contract as embraced by the
Consumer Protection Code, and, therefore, must be excised of this the abusive
conditions that cause excessive burden to the consumer.