Banca de QUALIFICAÇÃO: TIAGO NEVES DE MORAIS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : TIAGO NEVES DE MORAIS
DATE: 09/05/2023
TIME: 19:00
LOCAL: Ambiente virtual
TITLE:

THE PROCON AS AN INSTANCE OF ACCESS TO JUSTICE

KEY WORDS:

Economic order. Consumer protection. Procon. Access to justice. Development as freedom

PAGES: 116
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The economic order established in the Constitution recognizes the defense of the consumer as a fundamental principle to ensure a dignified existence in line with social justice. The foundation of the State's existence lies in the pursuit of social harmony, and its function in relation to the protection of individuals is to balance the various social instances, curbing abusive behavior and keeping power at the service of society when necessary. This scenario highlights the importance of state intervention in promoting the balance of social relations between suppliers and consumers. In this context, it is possible to observe that the parties involved in the consumption chain have opposing interests, with the consumer frequently being the vulnerable side of the relationship. Given this scenario, the need for state action becomes even more evident, as the consumer lacks protection, considering the power asymmetry in the relationship between supplier and consumer. And it is in this sense that Procon emerges as an institution that promotes the sustainable development of consumer relations, as its institutional function is not limited to the application of administrative sanctions provided for in normative acts, but rather as an institution of access to justice, with effective means and instruments in dealing with social conflicts, developing the pacifying purpose of the State. The general objective of the research is to analyze this reinterpretation of the role of Procon. The methodology used was based on the logical-deductive approach, with bibliographic and documentary research techniques, studying doctrinal and legislative sources. Therefore, the conclusion reached is that from Article 5, XXXII of the Federal Constitution, which establishes the defense of the consumer as a fundamental guarantee, it is possible to extract sufficient normative content to characterize Procon as an instance of access to justice.

COMMITTEE MEMBERS:
Interno - 3456619 - ANDERSON SOUZA DA SILVA LANZILLO
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER