A violação do dever de informação decorrente dos princípios da função social do contrato e da boa-fé objetiva nos contratos de promessa de compra e venda de imóvel predial urbano

Abstract

The right to information is a basic principle of the Consumer Protection Code, for from it come other essential rights, such as the social function of the contract and objective good faith. Such a right constitutes not only a consumer right, but also a duty to the supplier, thus representing a special guardianship for the most vulnerable part of the legal relationship: the consumer. From this premise, it is it is possible to see that in practice, many times, this right and duty to inform the consumer is violated, especially in promissory purchase and sale contracts of urban property. In these contracts, the beginning of the deadline for delivery of the work, the which is informed to the buyer, starts after the end of the foundation of the building, period this, which is not established in the contract, so that the final date of completion of the property can be changed, breaking the expectation generated to the consumer. It is observed that, thus, a mitigation of the right to information of the contracting party, behold, the developer does not fulfill its duty to inform the consumer of all aspects relevant and essential part of the contract, acting disloyally and based on bad faith. Thus, the present work seeks to verify how the violation of the law occurs. To consumer information, arising from the social function of the contract and good faith objective, in the promissory contract for the purchase and sale of urban property, in the regarding the absence of the deadline for the end of the work's function