Contracts of consumption in Brazilian law: general rules, interpretation and abusive practices

Renato Lovato Neto

Keywords

Contracts in the Consumer Protection Code; abusive practices; contractual balance

Abstract

The promulgation of the Consumer Protection Code comes from the need to protect the weakest part of the link, who, before the law, was a victim of constant abuses and arbitrariness of suppliers of products and services, which often acted so vile, only in order to preclude the defense of the purchaser. The consumerist diploma brings with this protection principles aimed at situations in which the express legal provision does not reach as well as explicit requirements that prohibit specific behaviors of the suppliers. To study this guardianship, the article discusses this principles corollary, the interpretation of the covenants, the configuration of standard contracts and standard terms of consumer contracts, who are the parties and how they are defined in these agreements, the offer and advertising propagated by the supplier and its binding force, the right of repentance, abusiveness of certain practices and responsibility of supplier or vice fact the product or service. To achieve its purpose, the text adopts the scientific-deductive method, via literature research.