O Código de Defesa do Consumidor e a defesa das coletividades / The Consumer Defence Code and the defence of collectivity

AUTOR(ES)

Priscila Zeni de Sá

DATA DE PUBLICAÇÃO

2005

RESUMO

The Consumer Defence Code and the defence of collectivity both represent an updated topic which deserves study and deep analysis due to its current and broader use within the Judiciary. Therefore, there is a search for the constitutional basis of the consumers defence as a fundamental right of the citizen and as a principle of the economic activity. The initial dispositives of the Consumer Defence Code which establish basic pillars to its interpretation, such as its character of public order rule and social interest are also examined. Another aspect that is considered is the National Policy of Consumers Relations, as well as its principles. The procedural innovations previewed in the CDC text are also brought to light due to its integration with the norms of material law and the consumers defence in court. The issue of collective protection in the Brazilian and Foreign Legal System is also analysed. The rights protected by the collective suit, such as diffuse, collective in strict sense and homogeneous under the category of individual rights and their differences are analysed as well. Other matters which are relevant to the issue of collective suits are studied, such as legitimacy institutes, competence and res judicata. To come to an end, matters that are also relevant to the collective protection in the CDC are mentioned, such as the performance of the consumers defence prosecution offices, the broadening of magistrates powers within the jurisdiction, ways of liquidation and the execution of collective decisions, litispendence, the collective moral damage, the consumers collective convention and the development of the Pre-project of the Brazilian Collective Processes Code, highlighting the changes that might arise in the case of its convertion to a law status.

ASSUNTO(S)

direito defesa do consumidor legislação direitos civis interesses coletivos tutela

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