Aplicação da responsabilidade civil sobre a perda de tempo útil nas relações consumeristas em confronto com a cultura do mero aborrecimento no âmbito da jurisprudência do TJCE

Abstract

This paper aims to discuss the conflict between the loss of useful time and mere annoyance with a focus on the jurisprudence of the Court of Justice of the State of Ceará. To this end, the bibliographic methodology was used by reading the relevant legislation, books, articles available on the internet and specialized magazines, addressing issues related to consumer law and civil liability, paying special attention to the Theory of Consumer Productive Deviation, proposed by lawyer Marcos Dessaune. In addition, a jurisprudential survey of the decisions handed down in the scope of the TJCE, seeking, among the judgments handed down, those most representative on the subject as a way of critically analyzing how the subject has been treated in court. Thus, the outcome of the investigation showed that the topic is still quite recent in the jurisprudence of the TJCE, with no uniform position on the subject, since mixed signals were found with a camera accurately applying the Consumer Productive Deviation and the other giving more focus to mere annoyance at the expense of compensation for the damage suffered.