O contrato de adesão em face do princípio da autonomia da vontade.

Abstract

This monograph has as its object of study the adhesion contract, institute inherent in today's society, and complex mass. The theme was chosen for such a contract is essential in the execution of contemporary contractual relations, which added to the consumption trend of unbridled capitalism, ended by prevail and result in the need to understand this figure clauses pre-fixed, as well as preserving the right of consumer, especially safeguarding the Principle of Autonomy of the Will these contracts. Therefore, the aim of screen work was to study what is the membership contract, its legal nature, characteristics, advantages and disadvantages, showing the differences together with the contracts parity, and examine whether there is the freedom to engage in such contracts, as well as identify is being directed at our civil and consumer law, unfair terms ahead. Through a literature search mainly with the qualitative, based on the reading of doctrines, jurisprudence and scientific articles and journals, texts published on the Internet, in addition to existing laws in Brazilian law as the Constitution, the Civil Code and Code of Consumer Protection used the explanatory method in order to understand the details of the contract of Accession. In conducting the study, the method was applied to the deductive approach. Finally, it was concluded that the Principle of Autonomy of the Will is not observed in so-called Accession Agreements, although even if this freedom of contract in such contracts, came to the understanding that in contrast to this freedom, which is not provided to oblate, so that if the figure descaracterizaria contract under study.