ABUSIVIDADE DA ELEVAÇÃO DE PREÇO DOS PRODUTOS UTILIZADOS NA PROTEÇÃO E COMBATE AO COVID-19

Abstract

This monograph deals with the price increase registered in products intended to protect and combat the spread of the new coronavirus, such as surgical masks and gel alcohol. It aims to analyze if the observed increases can be framed as abusive practices carried out by traders, who take advantage of a state of greater vulnerability of the consumer, in view of the need to purchase these items. In this sense, this work seeks to answer whether the price increase of products used to protect and combat Covid-19 in Brazil characterizes an abusive commercial practice. Through a study based on the analysis of legislation, doctrine, jurisprudence, as well as documents and data raised by institutes, it addresses the constitutional support given to consumer law, erected to the level of fundamental right with the Constitution of 1988, as well as it deals with the freedom of initiative, also constitutionally provided for (art. 170, CF / 88). It presents a study about the institute of abuse of rights and the provision of that institute in the Consumer Protection Code, present in the non-exhaustive list of its article 39 (of abusive commercial practices). In addition, it lists a set of statistical data related to the prices of these goods before and after the coronavirus pandemic decree, carrying out a comparative study between values to finally expose the conclusion that the price increase is considered abusive, in view of the disproportion registered among the values, which disrespect the principles of good faith, balance and harmony provided for in the Consumer Law. It was understood that traders used their advantage to consumers, imposing abusive values on products considered essential, since they unreasonably raised the prices of these goods, placing consumers at an exaggerated disadvantage.