FELIX, L. B.; http://lattes.cnpq.br/2194341053470979; FELIX, Lucas Brito.
Abstract:
The main objective of this research is to study and analyze the forms of protection of consumer rights in e-commerce. It seeks to observe how Brazilian Law behaves in relation to the obstacles that occur in digital area. In this way, it studies the evaluation of how the consumer, the weakest part in this consumption relationship, considered to
be hyposufficient, is supported by the legal body, demystifying the information that
circulate around the Internet, a zone with rights and duties. The intention is to correlate
what happens in the practice of the relationship of hyposufficiency between consumer
and entrepreneur in order to ensure that possible damages in the aspect of civil liability
are guaranteed by the legislation. Since e-commerce has as one of its main
characteristics its mutation, the rotation of the forms of commerce, therefore, as the
legal world that, unfortunately, suffers from slowness will encompass protection to the
digital field. The present work will attempt to the dynamics of the forms of commerce
and analyze the vulnerability of the consumer who is not aware of how the laws of the
digital field are regulated, or, sometimes does not know their existence. This way, the
Civil Code and the Consumer Defense Code have the function of daily readaptation
for the effectiveness of consumer guarantees and rights, therefore, there is a need for
the State to create prevention and combat mechanisms, with the purpose that the
consumer is not harmed in virtual purchases. The research will be developed through
the study between the 2002 Civil Code and its specific branch of consumer relations,
and the Consumer Defense Code, since in the first source, only the adequacy of
general laws for such a specific branch generates obscurities. Thus, the research will
analyze the approach that the CDC itself through Federal Decree nº 7.962/2013 (Ecommerce
Law) seeks to update the aspects of the digital world, so the research will
also go through the analysis of the functionality legal effects arising from the
consumption relationship.