A necessidade da simplificação da linguagem jurídica à luz do Código de Defesa do Consumidor

Abstract

The study in question focuses on analyzing the fundamental right and guarantee of access to justice in consumer relations, especially with regard to the excessive use of hermetic language, known as “juridiquês”, and the possibility for consumers to resort to the Judiciary more easily and clearly when their rights are harmed. The aim is therefore to investigate how the use of “juridiquês” directly impacts consumers' right to access justice and to identify strategies to mitigate the perpetuation of this excessive traditionalism, thus ensuring the democratic rule of law. The research contextualizes the introduction of legalese in Brazil, explores the reasons for its adoption, and analyses the perpetuation of this traditionalism today, as well as the measures adopted by the Judiciary to reduce its interference. Throughout the work, it will be shown how legalese can be an obstacle to access to justice for consumers in their commercial relationships, due to their vulnerabilities and weaknesses. Therefore, it is argued that in light of the vulnerability of consumers, the complexity of legal language can represent an obstacle to access to justice