O PRINCÍPIO DA VULNERABILIDADE NAS RELAÇÕES DE CONSUMO MODERNAS: aspectos práticos e processuais da vulnerabilidade informacional, técnica e jurídica.

Abstract

According to the National Council of Justice (CNJ), currently in Brazil there are about 2,295,880 active causes related to consumer rights. The Consumer Defense Code (CDC) completed 30 years in 2020, during this time the technological market has advanced at great pace and has not been followed by Brazilian legislation. The collected data corroborate the raised theme, since there is a high procedural volume in the judiciary, which hinders the procedural speed, many of these demands are caused by the poor provision of information or by the omission of these. The principle of vulnerability, provided for in art. 4, item I, of the CDC, is an important instrument to provide isonomy between the consumer and the supplier, but it cannot be understood only from an economic perspective, and vulnerability is characterized as a genus, of which there are several species, such as such as informational, technical and legal vulnerability. The purpose of this article is to understand how vulnerabilities are present in the consumer's life, as well as their application in practice. The research is exploratory, and with regard to technical procedures, the article was developed based on bibliography. In view of the result found, the de-judicialization proved to be an important tool in solving the problem, as at the same time that it provides a speedy solution to the consumer's problem, it reduces legal demands. It is also concluded that Brazilian legislation needs norms and regulations regarding the technological consumption market, aiming at consumer protection and mitigation of their vulnerability.