O direito de arrependimento nos contratos de consumo celebrados pela internet

Abstract

This monograph has as its fundamental object the discussion about the application of the right of repentance, provided for in article 49 of Law n. 8,078/1990 – Consumer Defense Code, in consumer contracts made over the internet. Initially, through the stud y of the historical evolution of the formalization of consumer rights protection in the Brazilian legal system. Afterwards, we sought to analyze the formation of the electronic contract, especially those concluded at a distance, highlighting its concept, classification, characteristics and form of celebration, also carrying out a study of the plans of existence, validity and effectiveness of contracts. To contextualize, with the advent of the internet, electronic commerce has become a reality in our daily lives and increasingly indispensable for economic and technological development. This development reached the legal environment in a way that gave rise to situations in which the legal system proved to be insufficient, requiring, in certain aspects, its updating. The consumer, in turn, found a new way of contracting, that is, by electronic means, starting from the premise that contracts carried out over the internet are considered a distance process, the consumer ended up putting himself in a position of greater fragility. before the supplier of products and services. Thus, it was necessary to obtain an instrument that sought to ensure the rebalancing of contractual relationships. The right of repentance is one of the ways that the legislator has found to seek this balance and ensure greater protection for consumers when they are carrying out consumer contracts through electronic means. However, this theme is not something of simplistic application by the applicator of the Law, it is necessary to understand the development of this right until the present time, as well as which cases deserve its application and those that, even if a distance purchase is carried out, do not apply it. Finally, it is evident that technological evolution culminates in new issues regarding consumer protection, the application of the right to repentance, and it is necessary to constantly update the legislation so that the broad protection of this right can occur.