Banca de QUALIFICAÇÃO: ANA CLÁUDIA DE MEDEIROS FRANKLIN

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : ANA CLÁUDIA DE MEDEIROS FRANKLIN
DATA : 07/08/2018
HORA: 14:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE LEGAL AND CONSTITUTIONAL CHALLENGES OF CONSUMER RELATIONSHIPS IN THE SHARING ECONOMY


PALAVRAS-CHAVES:

Sharing Economy; Federal Constitution; Consumer Relations Law; Regulation.


PÁGINAS: 139
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:
The present study aims to examine how the shared economy has repercussions on the consumer relations law of the national legal-constitutional order. The work is theoretical and brings a qualitative approach, since it aims to explain this phenomenon in its broadest sense. For this the theoretical body was based on bibliographical research of works and academic works, of journalistic articles, taking as base the practical conjuncture that occurs in the society. This is part of a doctrinal and legal analysis of the theme, with an emphasis on the analysis of concepts and the relationships between them. As a result, it observes that shared economy is a new mode of consumption based on sharing that, from disruptive technologies, transformed the way the consumer came to deal with the need for property, while at the same time subverting traditional economic and legal concepts. Thus, the legal system finds it difficult to govern the economic expression alien to the preexisting dogmas, but even so, the shared economy has protection in the Federal Constitution in what belongs to the rights of the users of the platforms, in view of the framing of the same as the consumers, in accordance with art. 5th, XXXII, art. 170th, both of the CF, as well as the mechanisms for assessing the existence of a legal relationship of the CDC. However, despite the new legal agents claiming due judicial protection, the current legal system does not have adequate instruments for effectively ensure the balance of relations there was under the shared economy. It was therefore necessary to examine the most appropriate way of promoting consumer protection in the new mode of consumption, videlicet by establishing a regulatory framework of its own or encouraging self-regulation by the sharing platforms themselves, in view of the positive effects demonstrated by systems of reputations that provide greater empowerment to its users. It follows, therefore, that a state regulatory response proves to be the most appropriate measure, provided that it consists of intelligent regulation that balances the interests of consumers, of impaired third parties, but also allows the free performance of the platforms, in order not to discourage innovative initiatives and entrepreneurship in Brazil, the main objective is to apprehend technologies in the pursuit of innovative solutions to pressing problems.


MEMBROS DA BANCA:
Externo ao Programa - 1254860 - FABRICIO GERMANO ALVES
Interno - 1753603 - PATRICIA BORBA VILAR GUIMARAES
Presidente - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER
Notícia cadastrada em: 06/08/2018 16:10
SIGAA | Superintendência de Tecnologia da Informação - (84) 3342 2210 | Copyright © 2006-2024 - UFRN - sigaa05-producao.info.ufrn.br.sigaa05-producao