Brazilians Superior Court of Justice’s provision nº 381 as offence for the system of fundamental rights
Keywords:
Brazilians Superior Court of Justice’s provision nº 381, Fundamental Rights, Consumer Law.Abstract
The present study aims to examine the decision of the AgRg in Special Appeal n. 919.189 and, therefore, the Brazilian Superior Court of Justice’s (STJ) provision nº 381, since this is the main ground of the decision. We intend to demonstrate that the analysis of issues ex officio by Judge or Court, when it comes to consumer relations, does not offend the principles of the “reasonable opportunity to present its case”, broad defense and due process of law. Finally we propose a reflection on the incompatibility of Provision 381 with the system of fundamental rights, which leads to the conclusion that this provision represents a real setback to the effectiveness of the fundamental right of consumer protection.Downloads
Issue
Section
License
COPYRIGHT
The submission of originals to Direito & Justiça implies the transfer by the authors of the right for publication. Authors retain copyright and grant the journal right of first publication. If the authors wish to include the same data into another publication, they must cite Direito & Justiça as the site of original publication.
CREATIVE COMMONS LICENSE
As this journal is open access, the articles are allowed free use in scientific and educational applications, with citation of the source.
According to the type of Creative Commons License (CC-BY 4.0) adopted by Direito & Justiça, the user must respect the requirements below.
You are free to:
Share — copy and redistribute the material in any medium or format.
Adapt — remix, transform, and build upon the material for any purpose, even commercially.
However, only under the following terms:
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests Direito & Justiça endorses you or your use.
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
For more details on the Creative Commons license, please follow the link in the footer of this website.
