Civil Code

The legislation comes to each moment to try to gradual contain the abuses of this lucrative quota of the society, searching to establish rules being aimed at to equate this basic right of the consumer, called information here. In all the commercial relations, the consumers, generally are more vulnerable part. As much is truth that in one it deals, in rule the responsibility of the test fits to who is questioned and not questionador it, face the vulnerability and hipossuficincia of the consumer. The legislator if worried in guaranteeing this right in the cosumerista relation, for obvious questions, a time that, several are the examples of disrespect and indifferences in the commercial transactions offered by the great companies. The contract signature is very common with imperceptible, professional letters as doctors practically prescribing remedies that nor they know the translation; prices not placed in show windows or shelves of supermarkets, inlaid taxes of interests and taxes that the proper State does not make question to promote advertising. These are small examples, that determine the inversion of the responsibility of the test in a process where if it glimpses consumerista relation e, a violated time remains the jurisdictional search to cure the vices provoked for the markets of products and service.

The INFORMATION AND the LEGISLATION Doubtlessly, the Brazilian legislation with respect to the consumerista right is one of the best ones of the world. In the native legal system the Right of the Consumer was hugged by the Constitution of the Republic of 1988, when in the article 5, XXXIII prayer that: the State will promote, in the form of the law, the defense of the consumer. Before the constitutional rules the relative questions to the consumption they were defined by the Civil Code and in some Brazilian states for protection agency the consumer, the example the PROCON. With the advent of Law 8078/90, the consumer of all the social classrooms it conquered the status of being able to promote action searching the sanction for the abuses of the market, therefore until then the access to judiciary practically impossible age for people who beyond not having knowledge, did not have conditions to set in motion the judiciary one, that, basically it depended on the act of contract of a lawyer to promote its representation in judgment.

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