A ampliação do direito de arrependimento para as compras presenciais como instrumento de proteção do consumidor na sociedade pós-moderna

Abstract

The purpose of this monograph is to examine the application of the right of regret, provided for in the Consumer Defense Code (CDC), analyzing the possibility of expansion for face-to-face purchases. However, the CDC restricts its exercise to out-of-store consumer contracts. The current conjuncture has signaled the need for revision of this institute to meet the main challenges faced by the electronic market and the reflection of this revolution in consumer relations. The post-modern society, through the use of aggressive marketing techniques, uses excessive consumption, especially in Brazil, due to the ease of credit, and this situation has promoted consumer indebtedness on a scale of concern, in order to accentuate its condition of vulnerability. In this way, the right of repentance as an instrument of protection to the manifestation of the rational will of the consumer stands out. The methodology is restricted to the study of the right of repentance in consumer contracts and the analysis about the need for modification or expansion of the institute. To this end, the present study is a bibliographical research, covering the various media, prioritizing doctrines and works involving thematic, theses, scientific articles as a subsidy for theoretical foundation, legislative analysis, resulting from previous research on the subject now addressed. In this way, the work proposes to be descriptive, analytical, and structured in a deductive way, based on the analysis of books, articles and jurisprudence. In addition, the pertinence of Senate Bill No. 281/2012, which proposes the addition of nine paragraphs to the device that deals with the right of repentance, was analyzed. Finally, it is concluded that there is a need to perfect the device brought in art. 49 of the CDC. Thus, the right of repentance provided for in Law No. 8,078 / 90 should be applied in certain cases to face-to-face purchases, but, for that, limits should be observed as to the purpose for which the institute was created and the objective good faith the consumer and the supplier.