Prominent Superior Courts

Prominent Superior Courts

Not obstante the supramentioned law, other legal devices had been appearing throughout the time for the protection of the consumer, the example of law 8884/1996, that it deals with the prevention and repression the infractions against the economic order; you would carry them 1998 n 4; n. 03/2001, 03/99 N. and N. 05/2002, deriving of the Secretariat of Economic laws, these fight the abusive clauses in bilateral contracts. The exposition of as many protective devices was not enough, the legislator did not leave of olvidar the normatizao of the right to the information for the consumer and, in this meantime, beyond sculptured in the article 6, interpolated proposition III and IV of the CDC, they glimpse it Law 10,962 of 11 of September of 2004 and Decree N. 5,903 of 20 of September of 2006.

It has of if to stand out that, beyond these devices, the jurisprudences and abridgements of the Prominent Superior Courts, also guide the consumerista right. THE RIGHT TO INFORM. The Right the information is concrete, objective. Although the constitutional rules deals with the right to inform, it also has the obligation of the right of if informing and the right of being informed. When if it deals with the right to inform the constitutional rules thus describes in the caption of art. 220. ' ' the manifestation of thought, the creation, the expression and the information, under any form, process or vehicle will not suffer to any restriction, observed the right of the made use one in this Constituio' '. More ahead in interpolated proposition IX of art. 5 you make use in verbis: ' ' the expression of the intellectual, artistic activity is free, scientifically or of communication independently of censorship or licena' '. In this direction, Fernanda Nunes Barbosa thus assevera: The recognition of the right the basic information as right of consumer elapses basically of the verification of that the consumer is before everything, person human being, and as such cannot be considered only in its economic sphere.

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