A vulnerabilidade do consumidor nas incorporações imobiliárias: sob os prismas consumeristas da oferta, da publicidade, das práticas e das cláusulas abusivas

Abstract

Analyzes the vulnerability of the consumer in the purchase of properties in the real estate development activities, also called "properties in the plant", at the Brazilian real estate market. Proposes, in light of the 1988 Federal Constitution, the Code of Consumer Protection, Civil Code of 2002, and in accordance with the Law of Real Estate Development Activities, demonstrate the simultaneous application of standards through "dialogue of sources." Describe the main characteristics of real estate development activities, as well as more contracts used for the formation of the legal business. Study the consumers’ principles in consonance with the constitutional principles, which together form the basis for consumer protection. Defines the principle of vulnerability and list four species of frequently vulnerability in consumer relations: technical, legal, factual and informational. Identify the vulnerability and its realization under the consumers’ prisms of offering, advertising, unfair practices and unfair terms.