Detalhes bibliográficos
| Ano de defesa: |
2014 |
| Autor(a) principal: |
Scalon, Eduardo
 |
| Orientador(a): |
Pizzol, Patricia Miranda |
| 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
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
BR
|
| Palavras-chave em Português: |
|
| Palavras-chave em Inglês: |
|
| Área do conhecimento CNPq: |
|
| Link de acesso: |
https://tede2.pucsp.br/handle/handle/6603
|
Resumo: |
The promulgation of the Code of Consumer Protection in Brazil represented a real change in how legal relationships were assessed and protected. Previously, the concepts of obligation and civil liability were oriented by private law, under the Civil Code, with classic and entrenched concepts as the autonomy of the mutual agreement in legal relations. The CDC greatly alter these concepts to determine that a particular legal relationship, consumer transaction, will be tutored directly by special rules and oriented to the protection and preservation of the rights and interests of one part of the relationship. This guidance, at first, could be configured as a violation of the principle of equal protection. However, the focus of the new rules is precisely the recognition of the need for greater consumer protection, in order to balance their relation with suppliers. This new concept challenged from law schools whose legal education has always been oriented by a dichotomy between public and private laws, as well as jurists and lawyers and judges. The acknowledgement of the new guidance that rules the relations of consumers demands a serious reflection of how apply this new protective law. Careless application of the new rules would transform this important improvement into just a way to jeopardize suppliers. These changes of the consumer protective law require a careful interpretation of several laws and the extent of his apparent collision so that conclusions they reach the scope of the balance between the parties is obtained |
