Navegando por Assunto "Defesa do consumidor"

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A atuação das agências reguladoras e os compromissos governamentais assumidos na política nacional das relações de consumo: a função mediadora da ANAC (Agência Nacional de Aviação Civil) na redução da vulnerabilidade do consumidor
(Centro Universitário do Estado do Pará, 2021-10-01) Agrassar, Hugo José de Oliveira; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; Holanda, Fábio Campelo Conrado de; http://lattes.cnpq.br/6078803341806941; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478
The need for consumer protection arose with the urgency of achieving national development, forming an egalitarian and prosperous society, even within the capitalist economic system, which in the so-called liquid modernity is shown to be more unequal, with consumption guided by the increasing and volatile seduction and no longer by normative regulation. The consumer protection norms in the social state of rights with the aim of ensuring material equality in consumer relations that are structurally unbalanced in nature. The services that were previously provided directly by the public authorities started to be provided by private agents, with the State becoming the regulatory entity based on the duty of consumer protection, and the effectiveness of fundamental rights reinforces the need to protect individuals against the performance of the State and against the performance of economic groups. Thus, the role of regulatory agencies in fulfilling the governamental commitments assumed in the National Consumer Relations Policy (PNRC), which must intervene in the market to protect the most vulnerable party, the user of the public service or consumer, arises. However, the performance of these regulatory agencies has called into question such assumed commitments, in spite of propagating the discourse to the contrary, claiming that they do so to improve the public service granted to the private sector. It is, therefore, precisely because of the need to guarantee the universality and quality of services provided by the private sector, that regulatory agencies must act to protect consumers, in order to avoid the deprivation of their freedom of consumption as a result of the economic insecurity that it is related to the absence of democratic rights and freedoms. Otherwise, the triumph of globalized capitalism will be propagated over consumers who will be supplanted by the power of financial markets and consumer markets, to the detriment of the rules that govern the PNRC. ANAC (National Civil Aviation Agency) is included in the list of these regulatory agencies (Law No. 11,182/2005), and its performance is discussed in relation to the government commitments assumed in the PNRC regarding the regulation of public services provided by companies aerial. The general objective of this dissertation is to analyze whether the Brazilian State, through ANAC, has been fulfilling the commitments assumed in the PNRC before public service concessionaires, mainly in their role of mediating conflicts between the economic interests of airlines and the information society. consumers. To achieve this goal and seek answers to the questions raised elsewhere, the dissertation will be developed primarily through the deductive method with consultation of national and foreign doctrinal material and the jurisprudence that is formed on the subject of the performance of regulatory agencies in consumer protection, starting from from a general analysis of regulatory agencies to a specific analysis in relation to ANAC. It was concluded that ANAC is still far from fulfilling the commitments assumed at the PNRC, mainly in its mediating role in conflicts between the economic interests of airlines and the consumer society, the adoption of collective consumer guardianships being a good way to achieve this, especially in the extrajudicial área (multi-door system provided for in the Code of Civil Procedure).
Assédio de consumo e superendividamento de consumidores hipervulneráveis no Brasil
(Centro Universitário do Estado do Pará, 2022) Bentes, João Victor Martins; Coelho, Lunna Martins; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138
This article aims to analyze consumer harassment and hypervulnerability of elderly consumers, emphasizing the consequence of both phenomena, known nowadays as over-indebtedness. Through a theoretical-normative study, but also with reflections of a practical nature, the article presents bibliographical and documentary analyzes on the nuances of the current frenetic consumption mode that, through the harassment of consumption practiced by institutions, results in irreversible indebtedness of the elderly consumer. The theme is of extreme socioeconomic relevance and gives an innovative study of the Brazilian legal system, since there are still great controversies around the aforementioned theme. In this sense, the article intends to shed light on Law 14.181/21, the Over-indebtedness Law, which was created with the objective of solving some current problems of Consumer Law in Brazil, among them the one that is intended to be emphasized: the harassment of consumption and over-indebtedness of the hyper-vulnerable population.
O consentimento involuntário do consumidor em contratos de adesão no âmbito da economia de plataforma
(Centro Universitário do Estado do Pará, 2022) Gato Filho, Israel Rui Serique; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138
The present work seeks to analyze the limits of involuntary consent in abusive clauses, within the scope of adhesion contracts. Therefore, it is necessary to contextualize the evolutions that the consumer market has undergone in recent centuries, which culminated in the need for the emergence of a static contractual instrument, namely the adhesion contracts. It also proceeds to analyze in detail the abusiveness of the contractual clauses contained in this contractual modality, aiming to relativize the consent, and the repeated nullities present in the adhesion contract, with the consequent possibilities of annulment of said clauses, as well as the necessary intervention of the State to rebalance relations. The methodology used to develop this work was bibliographical
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/9961080231553419
The 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.
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/2997791932118215
The 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.
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 Verbicaro
This 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.
Uma análise acerca do assédio no consumo e a sua influência no conceito de felicidade artificial
(Centro Universitário do Estado do Pará, 2020) Yamada, Giulia Dourado; Raiol, Maria Gabriela; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419
The article aims to carry out an analysis about harassment in consumption, briefly exploring the historical context that involved the creation of a consumer society, delimiting when the act of consumption intensified, in compliance with the creation of consumption needs. To this end, a bibliographic study is used as a scientific methodology to identify the causes and importance of the studied subject, mainly the reasoning of research on the theme such as Zygmunt Bauman and Dennis Verbicaro. Based on the research carried out, it conceptualizes the consumer society as a group in which the act of consuming occupies a strategic position in the social organization. In this sense, a new concept of happiness is identified within this society, called artificial happiness. It is explored, from that moment, how the social transformations resulting from unbridled consumption changed the idea of happiness that existed before. Asking the extent to which consumer harassment influences the concept of happiness and whether there is a need to protect rights through the Consumer Protection Code. It was explained how the characterization of harassment in consumption occurs and in a way the consumer legislation covers this problem. Finally, we present as a solution to the dispute the diffusion of the practical applicability of consumerist legislation through media strategies.