Responsabilidade civil do fornecedor pelo desvio produtivo do consumidor

• Autor(a) principal: Righeto, Luiz Gustavo Pinto
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6130
• topic: Consumidor; Dano moral; Reparação

The purpose of this monograph was to analyze the supplier's liability for productive diversion of the consumer. In order to reach the mentioned intent, the exploratory research was used; qualitative research; as to the data collection procedure, bibliographical. Civil liability can be considered as the obligation to indemnify when moral or property damage occurs, resulting from a default, legal or contractual obligation or imposed by law, or also arising from the risk produced against the rights of others. The so-called productive diversion of the consumer is verified, when the supplier, due to poor service provided, creates a problem of potential consumption or effectively harmful, by avoiding the responsibility to cure it, inducing the most needy consumer and vulnerable to spending their vital time, which is an invaluable, limited, inaccessible and irrecoverable capital in solving the problem caused by the supplier. In its examination of the judgments in the case, it was found that the non-material damage caused by the diversion to the consumer is preponderantly new in the Tribunal, but with the development of consumer protection, the case-law is gradually recognizing the obligation to indemnify suppliers for the damage experienced to the consumer, when this needs to divert their existential skills and abilities to solve problems occurred in consumer relations. In the end, the hypothesis was confirmed, that is, it is possible the civil liability of the supplier for the productive diversion of the consumer and the payment of compensation to them. Keywords: Consumer. Moral damage. Repair.