Direito de arrependimento no código de defesa do consumidor e no direito comunitário europeu: análise e crítica

Abstract

This study aims to analyze and compare, critically, the right of regret provided for in article 49 of the Consumer Protection Code with the provisions on the subject in Directive 2011/83 / UE of the Parliament and Council of October 25, 2011 that regulates the European community law on distance and off-premises contracts. Initially, it addresses the origin and the context of elaboration of the reference’s standard with consequent conceptualization of consumer and supplier. After that,it analyzes the right of withdrawal applied in Community Directive, assessing its characteristics such as the definitions of distance selling and off-premises contracts, the possibility of imposing this right on purchases made in physical stores in Member Countries of the European Union , procedure and charges arising from the use of this warranty and the exceptions to this right. Moreover, it studies the devices of the Consumer Protection Code regarding the subject addressed, carrying out a critical analysis in a comparative way with the discourse about Directive 2011/83 / UE. Lastly, elucidates about Senate Law 281/2012 which seeks to establish various rights and obligations with respect to the right of repentance in order to provide satisfactory protection to consumers.