RIBEIRO, J. M.; http://lattes.cnpq.br/5552514364513821; RIBEIRO, Jaime Melo.
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.