Práticas comerciais abusivas: ponderações sobre o tratamento legal no âmbito consumerista

Abstract

This article aims to propose the interpretation of abusive commercial practices, provided for in the Consumer Protection Code, in the light of the jurisprudence of the Superior Court of Justice. It is, expected to ensure the order of the protection regime against this abuse, with a view to strengthening its application and, thus, consumer protection. The abusive practices of the Consumer Protection Code, were analyzed within the scope of the rule, based on legal cases arising from the Superior Court of Justice jurisprudence and cases related to consumer law. Regarding the methodological aspects, it should, be noted that the research is predominantly qualitative and descriptive, favoring the use of the dogmatic line of legal research. And from the point of view of technical procedures, the research is based on the bibliographic review of national doctrine and on the analysis of legal documentation (current legislation and jurisprudence. The norm of protection against abusive practices became concrete in exemplary cases, highlighting the relevance of article 39, being, reiterated by the STJ, admitting flexible interpretation.