Consumo helicoidal da tutela para o consumo à proteção em face do consumo

• Autor(a) principal: Ribeiro, Alfredo Rangel
• Data de Publicação: 2016
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/123456789/11576
• topic: Relação de consumo; Modelos jurídicos teórico-imagéticos; Crise ambiental; Epistemologia ambiental; Sustentabilidade; Consumption relation; Theoretical-pictorial legal models; Environmental crisis; Environmental epistemology; Sustainability; Consumption relation; Theoretical-pictorial legal; Environmental crisis; Environmental epistemology; Sustainability; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The doctoral thesis entitled "The helical consumption: from tutelage for consumption until protection against the consumption", linked to the line of research "Social Rights, Economic Regulation and Development", aims to propose a new legal model theoretical-pictorial, of relation between consumption able to internalize, as problem methodical-epistemic own of consumer law, consumer pressures on ecosystems. The proposal is the result of a survey that addresses, in a transversal way, issues related to epistemology, the theory of law, economics, ecology and environmental law for redefining the Consumer Law object, to redirect legal-consumerist institutes for consumption sustainable. Traditionally, consumer law, influenced by classic civil law and the CartesianBaconian epistemological paradigm, defines the parameters in the consumption relation as the contractual model created by Savigny, through which the relation between the people are represented by two ends of a straight line. The linear consumption is the result of a reductionist, doctrinal and mechanistic idea of the reality, bringing with it a axiology individualist-patrimonial typical of the nineteenth-century bourgeois ideology. This standard model is subjectively limited to actual or potential contractors, and chronologically detached from the future to relegate the serious impacts of production and consumption to a simple externalities of economic processes. However, the similarity of linear legal theoretical-pictorial models did not induce the ontological identity of the phenomena by these equalized, because the consumption differs substantially from the contractual aspects in the economic, social, cultural, human, and especially environmental. The mistaken equation between them develops consumption as a phenomenon disconnected from its serious effects on the ecosystem, limiting the consumer's right to simple guardianship for consumption, relating it to the Economic Development Law. The global ecological crisis, strongly affected by the explosion of production and increased consumption from the mid-twentieth century, with the undeniable loss of welfare or the viability of life of current and future generations, affect the production driven vision by linear consumption. Phenomena such as the greenhouse effect, global warming, depletion of the ozone layer, reduction of biodiversity and others indicate the extrapolation signal ecosystem, imposing epistemological change that subordinates economic growth to the emerging value of environmental sustainability. At the same time, occurs the collapse of the traditional paradigms of scientific linear models designed under its influence. Emerges, however, the innovative methodical-epistemic proposals, committed to the solution of complex contemporary social and environmental problems and the preservation of ecosystems for future generations. Sustainability is established as a value that limits human activities, breaking with the legal / economic rationality of cartesian-baconian matrix and starring political and legal agenda at global and local level. In this context, the helical consumption, legal model theoreticalpictorial multidimensional and holistic, seems to be able to contemplate the use of pressures on ecosystems, shaping complex relationships between the economy, society and natural systems. In the helical perspective, the classic institutions provided for in the Consumer Protection Code are redirected to the protection against of unsustainable consumption, humanizing the Consumer Law and approaching the Human Right to Development.