A pessoa jurídica consumidora: o consumo intermediário e a vulnerabilidade à luz da jurisprudência do STJ

Abstract

This study aims to analyze the evolution of the Superior Court of Justice ( STJ ) regarding the implementation of CDC relations between companies, in other words , those in which the parties to the contract are two corporations and one of them wants to be framed the figure of the consumer. To better understand the decisions made by the STJ, it will examine at first the most important historical facts that preceded the emergence of consumer law, their reflections on the transformations theories contract as a significant part of the transition Liberal state for the Social State. It will be seen that the Industrial Revolution was the major milestone in this transformation, the incredible increase in the human capacity to produce goods and distribute them on a large scale, which led to the widespread economic relations, including hiring practices , among other factors causing imbalance of relationship between supplier and consumer. Then we will discuss the three main theories that seek to delimit the scope of the concept of the consumer as facing the question of the legal entity be characterized as a consumer, especially when they hire with the intention of promoting your business. Finally, a study will be made of the decisions of the relevant classes of judgment from the Supreme Court, with emphasis on those of the early 2000s to the present year , demonstrating how the classes progressed competent judgment on this issue and highlights the birth and strengthening of theory Finalist Thorough during this period that sees vulnerability in the defining criteria of the figure of the consumer , whether that person or entity.