Cláusulas abusivas dos contratos de adesão de direito do consumidor

• Autor(a) principal: Mola, Marina Almeida de
• Data de Publicação: 2022
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/31531
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Cláusula abusiva; Contrato de adesão; Controle de cláusula abusiva; Abuso do direito; Direito do consumidor; Unfair terms; Adhesion contracts; Control of unfair contract terms; Abuse of rights; Consumer Law

This monography addresses unfair terms in adhesion contracts in Consumer Law. The relevance is due to the large presence of adhesion contracts in mass consumer relations. Objective: To analyze the definition and the limits imposed on unfair terms in adhesion contracts previously drafted by suppliers. Materials and Methods: Books of doctrine, master’s and doctoral theses, journals, articles and legal materials (news), legislation and court decisions. Relevant doctrinal concepts were pointed out, existing legislation was verified, as were the forms of control of unfair terms provided in the Brazilian legal system and the case law of Higher Courts on the subject. Result: The main forms of control of unfair terms analyzed were: legislative, administrative and judicial. Articles 51 to 53 of the Consumer Protection Code deal with unfair terms. Article 51 delimitates hypotheses of nullity, but the terms used are somewhat broad and abstract. Case law analysis revealed a diversity of situations in consumer relations in which contractual terms can characterize an abuse of rights on the part of one of the contracting parties. Consumers file lawsuits due to contracts written with unfair terms in the most diverse market segments. Conclusion: The control of unfair terms is in a constant process of formation. It is largely exercised by the courts (judicial control). The need for the injured party to resort to the judiciary demonstrates the need for further developments of control mechanisms in the phases prior to filing a lawsuit. In further efforts, this research could be aimed at verifying new forms of control over unfair terms, as well as proposing solutions that better meet the needs of the Brazilian reality, curbing unfair terms from the drafting of the private instrument, and reducing the number of lawsuits distributed