Aplicação do ordenamento Jurídico no âmbito do Ecommerce: internet, terra com lei.

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.