Navegando por Assunto "Defesa do consumidor"
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Item A publicidade enganosa e abusiva em contratos de e-commerce e a responsabilidade civil consumerista(Centro Universitário do Estado do Pará, 2019-06-03) Pacheco, Paula Carolina Menezes; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419The present work proposes to carry out an analysis about civil responsibility in the scope of electronic contracts as a result of the practice of misleading or abusive advertising. The hypothetical-deductive method is used and a bibliographical and documentary survey is carried out on the subject. For this purpose, a study of electronic contracts in the area of consumer relations and its intersection with the Consumer Protection Code (CPC) will be carried out, establishing the concept of e-commerce contracts, the legal regulation of this contractual nature. Nevertheless, it is important to diagnose the control of advertising by consumer legislation, adjacent principles, the recognition of abusive or misleading conduct involving the subject, as well as the instruments of self-regulation of advertising in Brazil. In this sense, the civil responsibility of e-commerce companies is determined by the publicity practices and the importance of recovering the trust principle, and the consumer's protection should be rethought in the face of the new challenges of post-modernity.Item Responsabilidade civil das entidades organizadoras e dos clubes mandantes nos eventos esportivos(Centro Universitário do Estado do Pará, 2019-06-24) Ferreira, Gabriel Fagundes; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215The objective of this paper is to clarify the question as to what type of civil liability should be adopted for those responsible for the sporting event in cases that occur within the local organized by such . For this, we begin the search of the general way to the specific one. Different doctrinal currents and jurisprudence were used to answer the exposed problem. We discuss the main elements of civil liability, such as their species, damages, guilt and causal link to arrive at the specific aspect. When analyzing the specific norms on the present theme, the main one is the defense Statute of fan, which through its forty-five articles expresses relatively of the security in the stages, tracing criteria to control the violence. From this legal diploma, we observe two currents. Initially, the stream of the objective modality of civil responsibility, believes in the contractual relationship between the responsible entities and the spectator, based on Article 3 of the aforementioned Statute. The second chain is based on the notion of proving guilt, based on the content of article 19 of the Statute. It is concluded that the modality of responsibility that must be applied is objective, since the security policy is integrated as a right that must be present in all eventualities, committed to the fan and not to consumption.Item A tutela coletiva do consumidor de energia elétrica: uma análise acerca da atuação da Defensoria Pública do Estado do Pará nesse contexto(Centro Universitário do Estado do Pará, 2018-06-20) Costa, Ana Victória Mendes da; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138; Soares, Dennis VerbicaroThis work has the objective of analyzing the collective protection of consumer rights of electric power in the State of Pará under the perspective of the Public Defender's Office in this context. In this sense, the present research has demonstrated the legitimacy of the defendant in collective actions in defense of the consumer, also highlighting the importance of their functional autonomy for the collective process. In addition, it sought to explain the categories of trans-individual rights with exemplifications in consumer law. Next, the possibility of out-of-court settlement of conflicts involving trans-individual rights was analyzed, especially the conclusion of the conduct adjustment agreement signed between CELPA and Public Defender of the State of Pará (DPE / PA), which was also the subject of a critical analysis regarding its clauses and subsequent discussion on the feasibility of filing collective actions for issues not addressed in said adjustment. Finally, the results obtained after the conclusion of the aforementioned conduct adjustment and the challenges that still have to be overcome for the effectiveness of this collective tutelage were presented.