Navegando por Assunto "Defesa do consumidor"

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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.