Instituição financeira e o direito do consumidor

Abstract

The current monograph is about the application of Consumer Defense Code in contractual relations of consumption in financial institutions and aims to analyze the concept of the user and provider of that right established by the Code. Also, it objectives to speculate about principles and fundamental rights instituted in the law, and then, to indicate standards of identifying and verifying the abuse practiced in financial institutions. It also discusses the legal implications of banking contracts that contains unfair terms, especially, those denominated adhesion contracts and the imposed sanctions due to contractual imbalance between user and provider, scolding the judged, in which it is moved away from applicability of the Consumer Defense Code. The first point emphasizes contracts, since the historic evolution of its rights until the way how to interpret these treated. The second point refers to Consumer Law, emphasizing the historic evolution of its rights, aiming the analysis of contractual principles that rules the code, in addition to investigate the technical, factual and legal vulnerability of the customer, who uses banking services. And the last point evaluates banking adhesion contracts and its interpretation, from its advent of unfair terms in the contracts of financial institutes, finally, discussing about positive and negatives positions to apply this code in banking contracts based on the judgments on the subject.