Limitações da responsabilidade civil diante da cultura do inadimplemento

Abstract

The work starts from the analysis of the civil liability institute, exploring its strong ability to regulate human conduct, through the indemnity imputed to the transgressors of primary legal duties. Firstly, the elements and theories regarding the currently existing forms of indemnity. In sequence, it enters into the main objective of the study, that is, to highlight the breaches of legal duties practiced by large companies in consumer disfavor, as well as interrelating the role of indemnity as a means appropriate to curb the recurrence of abusive practices. For this purpose, it is analyzed the possibility of setting up off-balance sheet indemnity as a punitive pedagogy, as well as due to the consumer's loss of existential time to the try to resolve the impasse. Finally, the need for guardianship more protective of the consumer when the matter comes to the attention of the Power Judiciary, which must act with firmness and equity in awarding indemnity to these cases, with the purpose of unishing and repressing recurrent market transgressions