O livro de reclamações numa dupla perspetiva de proteção dos consumidores

• Autor(a) principal: Gonçalves, Hélio Cardoso Artur
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/37534
• topic: Direito

The Portuguese Constitution establishes the protection of consumers in two ways, one objective and one subjective. Therefore, with this dissertation we intend to demonstrate, how and to what extent the complaints book grants protection to consumers taking into account that constitutional protection. In this sense, in a first chapter, we explained the historical-economic scenario that justified the intervention of the states in taking measures to protect consumers, one of them being their constitutional protection. In this a way, we clarify how consumers are constitutionally protected, which has made possible to establish that the constitutional system for consumer protection calls on the State to play a fundamental role in protecting them, from which we devote a theme to the role of the State in protecting Consumers and another to the mechanisms available to consumers for the resolution of their disputes. A chapter on the Complaints Book was then developed, in which we analyze, among other topics, its purposes, its foundations, the complaints system, its nature, etc. With this chapter it was possible to measure the reflexes of consumer protection at the constitutional level in the one that is given by the consumer complaints book, as well as in the nature of this legal instrument. We also devote a part of our text to the analysis of the possible application of the complaint book system to vending establishments, as it is a way of making goods and services available to consumers, where consumers are too exposed because, on the one hand, there is no physical contact with the person of the supplier and, on the other, in some cases, it is almost impossible to guarantee the existence of the complaints book in those establishments. We conclude by answering about the position of the complaints book in the context of consumer protection, which, to a certain extent, we have done throughout the dissertation. In this way, we invite you to read this paper that from the social and academic point of view shows a lot of interest.