A responsabilidade da sociedade corretora no contrato de comissão bursátil: diálogo entre o sistema financeiro nacional e o Código de Defesa do Consumidor

• Ano de defesa: 2014
• Autor(a) principal: Ricardo Padovini Pleti
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; Brasil; DIREITO - FACULDADE DE DIREITO; Programa de Pós-Graduação em Direito; UFMG
• Palavras-chave em Português: Sociedade corretora de títulos e valores mobiliários; Responsabilidade civil; Contrato de comissão bursátil; Investidor; Consumidor; Mercado de valores mobiliários; Responsabilidade (Direito); Bolsa de valores; Direito comercial - Brasil; Consumidores
• Link de acesso: http://hdl.handle.net/1843/52897

This thesis analyses the juridical relationship between individual investor and securities trade companies in order to acquire and sell stocks in Stock Exchange. By this way, it aims to identify the type of liability that may be applied against that financial institution when, due to violation of its duties, it causes damages to its client (fault or nonfault liability). It is investigated, for this, the civil or consumerist nature of stock exchange commission contract and it is cogitated about the application of Sources Dialogue’s Theory as the justification for the combination of rules coming from Civil and Financial Market Law to those related to Consumer Law. To verify the viability of this hypothesis, it is adopted as theoretical guidelines the Law & Economics and the Legal Analysis of Economy, whose postulates of economic efficiency and investor’s protection orientate the reasoning developed on this work. Subsequently normative and operating structures of National Financial System are briefly exposed, focusing on the function performed by the securities trade companies in the stock market’s financial intermediation activity. The elements of the commission contract established for access stock market are also analyzed as their use is compulsory to access stock exchange market. Such analysis enable to attest that consumer rules only may be applied on benefit of the investor when occurs vulnerability and weakness of this contractual party. Thus, it is possible to conciliate, founded on a complementarity dialogue, the contractual law rules from Civil Code, the structural principles and rules of the National Financial System and the protectionist legal dispositions of Consumer’s Protection Code. Finally, the hypothesis veracity is confirmed by the demonstration of the mainly effect generated by the identification of the commission stock exchange consumerist nature: the securities trade companies’ non-fault responsibility for damages generated against individual investor. It is concluded, that the hermeneutic procedure of Sources Dialogue fulfills not only the efficiency but also the security imperatives dictated by the Brazilian legal order concerning to individual investor protection. That’s because it offers the deserved protection demanded by individual investor economical, juridical and technical-scientific conditions.