O desequilíbrio causado pelas cláusulas abusivas nos contratos de adesão

Abstract

The present work intends to examine the eventual insertion of abusive clauses in consumption contracts, specifically in adhesion’s category. The existence of such clauses happen because they are previously made by the supplier, remaining to the consumer only the chance to accept the contract as whole. So, it is easier for the supplier to put abusive statements in this kind of contracts, because the parties don’t discuss about contract’s statements. The research objective is to analyze the mechanisms of control and protection created by the Code of Consumer’s Defense (Law 8078/90), that has a exemplified rule in article 51 about abusive clauses, that made them null. The research also intend to analyze the work of other Agencies, as Public Prosecution Service and Secretariat of Economic Development of the Ministry Justice, that works to find abusive clauses in adhesion contracts offered to the public, and then to guarantee the nullity of these clauses. The results of the research show that the current law in the country is of utmost importance in the combat of the abusive statements, and to guarantee its effectiveness is necessary that the society works in set with the State, to avoid possible damage for the consumer and to keep away from consumption’s contracts the use of these clauses