A TESE DA VULNERABILIDADE INFORMACIONAL DO CONSUMIDOR NOS JULGADOS DO OESTE DE SANTA CATARINA

Abstract

The aim is to address the thesis of informational vulnerability as a mechanism for the effectiveness of fundamental consumer rights. The theme is justified in view of the relevance that is inherent to information and the power of those who hold it. However, there is recognition of the vulnerability that the law conferred on consumers and the emergence of informational vulnerability as a requirement that justifies the presumption ex lege. With this assumption, the text supports a deductive reasoning to explain the premises of the construction of what is recognized normatively and conceptually about the subject, as well as examines six cases of the Court of Justice of Santa Catarina and four of the Superior Court of Justice that faced it. With documentary and bibliographical research, the assumptions and arguments that support the concept of vulnerability are collated, either by doctrine or by jurisprudence, put to consideration, to determine how the approach to consumer vulnerability is carried out, especially regarding the informational aspect, in the consumption relations that arise from the western region of Santa Catarina. As a result, Special Appeal nº (REsp) 1195642 was verified as a guide for the application of the thesis of informational vulnerability, since it was cited by five of the six cases brought to the discussion. It is concluded that this precedent was the basis for the judgments examined, guiding and defining the parameters of what is consumer vulnerability, especially regarding the informational modality.