A aplicabilidade do Código de Defesa do Consumidor às pessoas jurídicas

Abstract

The present work deals with the characterization of legal entities as consumers. For that, the main theories about the theme are brought up, namely, the Maximalist Theory (objective), the Finalist Theory (subjective), and the Finalist Mitigated Theory, starting with an explanation about each one of these theories and their main differences. It goes through the historical context of the right to consumption, subsequently analyzing the fundamental right to consumption from the point of view of the legal person, relating to the principle of human dignity, present in the Federal Constitution of 1988, which confers protection rules consumers the status of fundamental norm. It is demonstrated from concrete and judged cases of the Superior Court of Justice how the Mitigated Finalist Theory is applied, which uses vulnerability as the main requirement. From this analysis, it is possible to verify the technical, legal, economic or informational vulnerability of the legal entity in the specific case, demonstrating the need for protection of the Consumer Protection Code.