Detalhes bibliográficos
| Ano de defesa: |
2014 |
| Autor(a) principal: |
Forjaz, Francisco Marchini
 |
| Orientador(a): |
Sodré, Marcelo Gomes |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
BR
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/6618
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Resumo: |
Article 4, item III of the Brazilian Consumer Defense Code ( CDC ) is commonly announced as a harmonizing rule between suppliers‟ and consumers‟ interests, in the context of a consumer society that currently claims for rebalancing the action of these two agents extremely relevant to national economic order. The motto of the above mentioned legal provision is to ensure the development of the country, as provided by the Brazilian Constitution of 1988, which is socially oriented and addresses the effectiveness of individual and collective rights. Therefore, this study aims at enabling students and law enforcers to understand the origin of this legal provision, contextualizing it in the growth and consolidation of the Consumer Society and the State arrangement in effect. Thus, the first chapter provides the reader with a historical overview of the origination of the Consumer Society focusing on factors that led to imbalance in the suppliers‟ market performance, the milestones that led to the birth of a consumer law in the world and in Brazil, besides allocating this right alongside constitutional guarantees of human dignity, as set forth in modern constitutions. The next chapter explores the transition from the Liberal State to the Welfare State, focusing on the existence of the State interventionism (i) firstly, to validate the liberal model itself, which resulted in the stimulation of the imbalance between suppliers and consumers, and (ii) further, for the consolidation of social rights, which not only guaranteed consumer rights but also originated a duty of the State to foster it. Hence, the constitutional principles involved in such protection become demonstrated. Finally, in the third chapter, the paper seeks to precisely demonstrate that Article 4, item III of CDC acts as a balancing rule that must be applied to ensure consumer law in society, so that it is imperative (i) to achieve the stability of CDC concepts, (ii) an actual State action aimed at the implementation of the PNDC, (iii) as well as an effective change of attitude by suppliers so that their performance aligns with the ethical primacy that supports the existence of the society itself |
