The legal vulnerability of the consumer regarding abusive clauses in membership contracts

Abstract

The present work aims to verify the occurrence of legal vulnerability of the consumer in contractual relationships, especially in adhesion contracts when there are abusive clauses. Dealing with the legislative aspect, the one contained in the Federal Constitution of 1988 stands out, especially in art. 24, item VIII which deals with liability for damages caused to the consumer and also in Federal Law nº 8,078/1990 which deals with the subject, called the Consumer Protection Code. Below we explain the concept of vulnerability and the origin of Consumer Law, as well as consumer relations covering their legal nature. Likewise, addressing the practical application of the aforementioned legal vulnerability in real cases of contracting through abusive clauses in adhesion contracts and what losses are caused as a result of such business. Finally, the right to compensation to repair damages caused to the consumer due to their vulnerability was analyzed, seeking to define the position of this right in relation to the decision of the Court of Justice of Santa Catarina on the matter. This work uses deductive methodology as a basis through bibliographical and jurisprudential research. Within the legal prominence, in the study presented here, the existence of the consumer's legal vulnerability in the face of abusive situations committed in a consumer relationship was analyzed and also regarding the possibility of compensation for the damage suffered.