Quinze anos de vigência da Lei n° 8.078/90 e a indefinição do conceito de consumidor.: Estudo de caso do Superior Tribunal de Justiça.
The objective of this study is to exam, by using the inductive method, the legal concept of the term consumer, adopted by the Brazilian Defense of the Consumer Code (Código de Defesa do Consumidor - CDC) in its 2nd article. The concept of consumer as the individual who "acquires or uses a produ...
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| Main Author: | |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
Universidade FUMEC, Faculdade de Ciências Humanas, Sociais e da Saúde
2006
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4046571 |
| Source: | Meritum, ISSN 2238-6939, Vol. 1, Nº. 1, 2006, pags. 77-100 |
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| Summary: |
The objective of this study is to exam, by using the
inductive method, the legal concept of the term consumer,
adopted by the Brazilian Defense of the Consumer Code
(Código de Defesa do Consumidor - CDC) in its 2nd article.
The concept of consumer as the individual who "acquires or
uses a product or a service as a final addressee" is not enough,
remaining the need to know how the expression "final
addressee" can be understood. If related to the meaning of
the individual that is the final link of the production chain, or in
other words, of the one who takes goods from the marketplace,
or if the concept includes the individual who acquires the product
so as to use it in the production of new goods or services,
feeding again the productive chain. The comprehensiveness
of the concept of consumer will be examined by studying two
decisions of the Superior Tribunal de Justiça - a superior court
in Brazil. Such decisions well synthesize the divergence that is
present in the highest Brazilian court responsible for making
uniform the Brazilian legislation. |
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