O Direito à Informação quanto aos Meios de Resolução Alternativa de Litígios de Consumo à luz do artigo 18.º da Lei n.º 144/2015

• Autor(a) principal: Bragança, Maria Margarida Texugo Ferreira Marques de
• 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/10362/29671
• topic: Direito

Studies in the European Union have shown that alternative dispute resolution can provide a quick, simple and inexpensive solution to disputes between consumers and traders, particularly when small or medium-scale litigation is involved. However, have also shown a lack of awareness of the entities of alternative dispute resolution for consumer disputes as well as a lack of detailed information, as companies rarely inform consumers in the pre- or post-sale that these entities exist and that consumers can appeal to them in case of litigation. The purpose of this dissertation is to contribute to the study of the right to information regarding alternative dispute resolution for consumer disputes, in the light of article 18 of Law no. 144/2015, which we consider to be a determining theme to contribute for the proper functioning of the consumer’s disputes arbitration centers, and to enable consumers and economic operators to gain confidence in the Single Market. Firstly, we will try to frame the essential issues to be addressed in subsequent chapters - the right to consumer information, alternative means of dispute resolution in Portugal and Article 18 of Law 144/2015. After this framework, a general analysis of the right to information will be carried out on the means of alternative resolution of consumer disputes, with an exposition of the rules in force in the Portuguese legal system, analyzing only those that we consider to be decisive for a better understanding of the subject matter of our study. In the fourth chapter, an overview of the system of means of alternative dispute resolution for consumer disputes, including their scope and procedures, will be sought. In the fifth chapter, the obligations arising from the application of article 18 of Law no. 144/2015 will be announced, and a summary of its first year of application will be presented. Proposals will be made for the harmonization of divergences, with a view to understanding the institute in practice. Finally, the conclusions of this study are presented.