A tutela coletiva do consumidor pelo Estado como direito fundamental

Abstract

The objective of this paper is to set mechanism by which the state will judicially protect the Brazilian consumer, and this way put into power what is stated in the 5 Article item XXXII of the Brazilian Federal Constitution. A wide bibliographic research was used for the preparation of the text, applying the deductive method for the achievement of the conclusions. The text was divided into six chapters, asfollws: 1) history of the consumer's defense; 2) consumer's defense as fundamental right; 3) consumption relationship; 4) civil responsibility of the consumption relationship; 5) contractual relationship in the consumer's Defense Code; 6) about the collective acts. The initial concern was to correctly outline the consumer's defense historically so as to further understand it as a fundamental right in the Brazilian Federal Constitution as well as in the European and American Constitutions. After that, the consumption relationship was thoroughly analyzed, and the definitions of the consumer, supplier, product and service were studied aiming at the elaboration of the concpt of such relationship. This paper tries to put into evidence the divergences of doctrinal and jurisprudential natures, with the purpose of showing how difficult it is for the state to make the consumer's defense. The civil responsibility and the contractual relationships werebrought to analysis to outline the consumer juducual defense by the state. In the sixth topic, the joint acts were studied in order to show that they are the only instrument tha the state has to make the judicial defense of the consumer's interests. The conclusion follows.