A desnecessidade de comprovação de má-fé para a ausência de boa-fé objetiva como requisito para a restituição em dobro de valores - uma análise do tema repetitivo 929 do STJ sob a óptica consumerista

Abstract

The present monograph focuses on extracting and unraveling the controversies about the jurisprudential panorama reported by the repetitive theme no. 929, specifically EARESP 676.608, regarding the lack of proof of bad faith for double reimbursement with regard to undue charges brought by art. 42 of the CDC, whose recent understanding formed by the court established the need to prove the absence of objective good faith, a situation that is easier to prove for the low income consumer. Faced with issues concerning the guarantee of rights for this party, such change has the ability to significantly alter the judgments in the near future, given the concreteness of the changes that refer precisely to fundamental consumer rights which, as a rule, has a relative instability of jurisprudence, a situation that makes it more difficult to understand and judge, raising unnecessary matters to the level of appeal, only hindering and congesting the judiciary.