Os mecanismos de defesas às cláusulas abusivas nos contratos de adesão à luz do código de defesa do consumidor.

Abstract

The contract of adhesion is a present reality in relations consumeristas, the purpose of greater agility and speed in contractual relationships, however, providers of goods or services viewed the possibility of imposing your will and dodging responsibility by inserting abusive clauses. The question is: what are the legal mechanisms that can be used by consumers to identify and protect themselves from abusive clauses in contracts of adhesion imposed by suppliers. The hypothesis: consumers should require suppliers to respect the rights consumeristas demanding contracts easy to understand, and the receipt of all information related to the product or service wich they are getting. If there abusiveness contractual clauses, the consumer should look for Organ Protection and Consumer Protection or public prosecutor, in order to be removed abusive clauses that perhaps may come to harm in the contractual relationship. Thus, this research aims to analyze the means of identification and defense of abusive clauses in contracts that can be used by consumers, as specific objectives, was studied the historical evolution of contractual relations in consumerist area, examine the guiding principles of the relationship consumerist, define the membership contract and its legal effect, examine unfair terms in its general aspects and forms of control. To achieve this scope, was used the deductive methods and the historical evolution and technical approach based on bibliographical studies, in addition to observing the provisions of the legislations and patriotic judged to delimit the study. The adhesion contacts, very widely used in relations consumeristas, should be analyzed by consumers as a means to identify and protect themselves against unfair terms that are used by most of suppliers in search of better results and to be exempt from responsibilities.