Essencialidade e vulnerabilidade no consumo de água para a jurisprudência no Tribunal de Justiça de Minas Gerais e no STJ

In the context of postmodernity, consumer relations have become hyper-complex due to various factors such as globalization, the means of communication revolution, and the possibility of consumers negotiating with companies and people from different countries from everywhere. In this article, we soug...

Full description

Saved in:
Bibliographic Details
Main Authors: Fernandes Pessoa Madeira, Debora, Santos, Lorena Pereira dos, Marino, Silvia
Format: Article
Language:Portuguese
Published: 2020
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8113591
Source:Revista de Direito, ISSN 2527-0389, Vol. 12, Nº. 2, 2020, pags. 1-24
Tags: Add Tag
No Tags: Be the first to tag this record
Summary: In the context of postmodernity, consumer relations have become hyper-complex due to various factors such as globalization, the means of communication revolution, and the possibility of consumers negotiating with companies and people from different countries from everywhere. In this article, we sought to identify how social hypercomplexity and the crisis of contract confidence impacted the vulnerability of consumers. Based on these assumptions, consumer vulnerability was studied in essential or existential contracts for the supply of treated water. The methodology used was descriptive-exploratory, with bibliographic and jurisprudential analysis. The most recent judgments of the Court of Justice of the State of Minas Gerais (TJMG) and of the Brazilian Superior Court of Justice (STJ) were interpreted. It was observed that, in these contracts, it is necessary to hire this service so that one has access to an essential good for consumers’ dignity, which makes them even more vulnerable.