O comércio eletrônico internacional, a proteção do consumidor e as cláusulas de eleição de foro, legislação e arbitragem

Abstract

This research questions the validity of application of the freedom to contract principle in the international consume agreements in relation to international trade, due to the differences existing between commercial contracts which are normally executed in the electronic field, in opposition to those concerning the international consume relationships. For that reason, the applicable principles in the national field are described, as well as the juridical instruments which are capable of impeding the harmful effects of clauses which establish boundaries to the consumers‟ rights in the Consumer Law. Afterwards, the international applicability is described in comparison to the national one, when its main characteristics are named, in order to clarify the problems resulting from the application of said principles in the international consume relationships. Finally, it defends a hypothesis that restrains the application of the principle in the international field, especially to restrain the use of the arbitration, choice of law and forum shopping clauses, besides showing the possibilities suggested by doctrine to prevent illegalities