Responsabilidade civil: análise da vulnerabilidade do consumidor pela desinformação sob a ótica do princípio da boa-fé

Abstract

The present work aims to analyze the vulnerability of the consumer in the circumstance of a product or service addiction in the consumer relationship, particularly from the perspective of the principle of good faith, where the assiduity of the functions of objective good faith and the advent of its duties are emphasized. In this way, as it is the weakest pole of the legal consumer relationship, the consumer deserves the protection provided by the CDC, by Federal Decree No. 2,181/1997, which provides for general rules for the application of administrative sanctions, among other rules provided for in the Brazilian legal system. That said, it is intended to understand the supplier's responsibility for the damages caused in the consumer relationship, mainly due to the absence of the attached duties of conduct of the supplier that are correlated to the principle of objective good faith. According to the Germanic doctrine, there are 3 categories of duties attached: cooperation, information and protection, which have resulted in several others. When the consumer is faced with a defect or defect in a product or service, he does not know how to proceed, he does not know the guarantees guaranteed, he is not aware of his rights foreseen. However, the consumer relationship, like any legal relationship, must be based on the principle of good faith. Therefore, in the consumer sphere, among the attached duties, the supplier must provide information to the consumer. Therefore, the consumer suffering damages due to the absences established, the institute of civil liability comes to the fore, which deals with the obligation to repair the damage caused. Thus, it is concluded with the agglutination of these elements, therefore, the presence of civil liability in the consumer relationship due to the departure from the principle of good faith. In this way, a research is carried out from the notion of consumer, through the consumer relationship, to the civil liability in the consumer relationship, in particular, due to misinformation in the consumer relationship. The study is an interdisciplinary research that interconnects Consumer Law to Civil Law, which is denoted through the hypothetical-deductive approach method, since it points out a problem and presents hypotheses to solve it. The research was carried out through bibliographical, legislative and jurisprudential consultation.