Post by messi05 on Jan 24, 2024 1:54:50 GMT -6
The consumer relationship, they need protection (differential treatment). In this sense, the Magna Carta itself recognizes the vulnerability of the consumer and the need for their protection, whether by the legislative State, the executive State, as well as the judge State [4] . Consumer protection must be carried out, in accordance with constitutional precepts, in accordance with the law. The law, in this case, is the Consumer Protection Code (article 48 of the ADCT). The Consumer Protection Code, in turn, giving effectiveness to the constitutional precept and aiming to protect the consumer, stipulates that protective standards are considered to be of public order and social interest (article 1 of the CDC).
The norms of public order and social Buy Phone Number List interest are those that interest the whole society and not just the parties. Therefore, the intervention of the magistrate (State – Judge), regardless of the request of the party (in this case, the consumer), is necessary for the effective protection of the rights of vulnerable consumers to occur. Thus, the judge, when faced with a situation in which the supplier's insolvency vis-à-vis the consumer is configured (hypothesis of §5° of article 28 of the CDC), must, even if there is no express request, disregard the legal entity to achieve the assets of partners (individuals or other partner companies).
Compensation to the consumer is of social interest to the extent that the judge's actions serve to mitigate the existing vulnerability, promoting balance between the parties, implementing the provisions of article 5, XXXII of the CF. Therefore, in our opinion, the provision of the CPC/2015 that determines the obligation of the incident, in accordance with article 133 et seq. of the CPC/2015, for the disregard of the legal personality to occur (article 795, § 4 of the CPC/ 2015), it should only be applied in cases where the judge cannot act ex officio, as in the case of the Civil Code and the CADE Law, for example (application of the greater theory of disregard).
The norms of public order and social Buy Phone Number List interest are those that interest the whole society and not just the parties. Therefore, the intervention of the magistrate (State – Judge), regardless of the request of the party (in this case, the consumer), is necessary for the effective protection of the rights of vulnerable consumers to occur. Thus, the judge, when faced with a situation in which the supplier's insolvency vis-à-vis the consumer is configured (hypothesis of §5° of article 28 of the CDC), must, even if there is no express request, disregard the legal entity to achieve the assets of partners (individuals or other partner companies).
Compensation to the consumer is of social interest to the extent that the judge's actions serve to mitigate the existing vulnerability, promoting balance between the parties, implementing the provisions of article 5, XXXII of the CF. Therefore, in our opinion, the provision of the CPC/2015 that determines the obligation of the incident, in accordance with article 133 et seq. of the CPC/2015, for the disregard of the legal personality to occur (article 795, § 4 of the CPC/ 2015), it should only be applied in cases where the judge cannot act ex officio, as in the case of the Civil Code and the CADE Law, for example (application of the greater theory of disregard).