O princípio da boa-fé objetiva como parâmetro informativo nos contratos consumeristas

Abstract

Analyzing the general aspect of the objective good faith, its concept, functions, its performance in the contractual relations of consumption, searching to identify if this principle acts as an element that promotes harmony and contractual justice. Therefore, it shall be demonstrated how It came to be in the Brazilian legal system. In the current, social economical context, the contractual relation of consumption defined as firmed between consumer and provider, became abundant and non-personal, that brought the necessity of the adoption of measures that promoted the contractual rebalance. By this view, the consumer protection code with the purpose of establishing contractual justice brought a series of principles that started to guide the contractual relations of consumption, such as the principle of objective good faith, transparency, trust and equity. Therefore, analyzing the consumer protection code on the perspective of the principles approaching its guiding principles, intend to demonstrate the principle end of this law. Lastly, with the intention of analyzing the objective good faith as a informative parameter on the consumer contracts, it will be analyzed its performance in all the consumer legislation, to then complete if indeed this maximum guiding principle of the consumer protection code, performs as an element of balance the parts in the contractual relation.