A vulnerabilidade do consumidor ante as cláusulas abusivas

Abstract

This paper deals with the importance of consumer protection in consumer contractual relations, what the consumer law protects, what is the action of consumer protection agencies in the national scenario and what are the jurisprudential positions on the subject. The reason for this study is that, although consumer law is principled and even referenced in the Federal Constitution of 1988, it is not sufficient to prevent suppliers from creating clauses that place consumers at a disadvantage since their maintenance occurs, for example, by its historical context and the position of the supplier / service provider having technical knowledge that the consumer does not have. The research was based on legal literature, e-books, consumer protection websites, as well as analysis of rulings of the São Paulo State Court of Justice. The work brings, through current jurisprudence, the ordinary contracts that are recurring, and that still put the consumer in a vulnerable situation. Finally, it is concluded that, even with a principle-structured law, which aims at consumer protection, and even with the existence of protection agencies, their rights are neglected due to their vulnerability and even by lack of technical knowledge, which often only resolves with demands in the judiciary.