SILVA, L. L.; http://lattes.cnpq.br/4746065854727773; SILVA, Leomax Leite da.
Résumé:
The aim of this study was to demonstrate the illegality of 381 docket of the Superior Court of
Justice in the face of assurances from the Consumer Protection Code. The illegality revolves
around said scoresheet prevent the judge acts in office when the annulment of unfair terms
in contracts of adhesion bank. The research of this study was initiated through a historical
examination of the institute, chalking up the concept and study of contractual principles and
concluding with an analysis of confrontation between this summary and the article 51 of the
Code of Consumer Protection. To better illustrate the theme, were taken into consideration
regarding judicial decisions, as well as doctrinal positions, serving as practical for consumers
and legal professionals gain better understanding of what is unfair term instrument, as well
as aa divergence in the sum of STJ and the Code of Consumer Protection.