Banca de DEFESA: ANDRESSA DE BRITO BONIFACIO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ANDRESSA DE BRITO BONIFACIO
DATE: 16/06/2023
TIME: 14:00
LOCAL: Ambiente virtual
TITLE:

CONSUMER'S RIGHT TO CANCEL CONTRACTS ON THE PURCHASE OF INFOPRODUCTS ON MARKETPLACES

KEY WORDS:

Marketplaces. Digital Infoproduct. Consumer’s right to Cancel Contracts. Consumer Protection.

PAGES: 103
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Consumer relations operated through marketplace platforms have already occurred in Brazil since the 1990s, however, with technological advances, these sales spaces, previously limited to the sale of physical products and services, began to also sell informational products native to the digital environment (infoproducts). This new type of product had its beginnings in traditional e-commerces, but it was with the arrival of specialized marketplaces in this market that legal issues became even more complex, since there is no specific regulation for either infoproducts or marketplaces in Brazil. For this reason, this research intends to study one of the challenges that arose with these market innovations, which is the exercise of Consumer’s right to Cancel Contracts. Despite the express provision of art. 49 of the Consumer Protection Code regarding regret in purchases outside the commercial establishment, the reality of the legislator at the time was very different from the current dynamics of marketplaces and infoproducts, which creates legal uncertainty in the interpretation and application of the law. Thus, the hypothesis to be tested is that a new regulation on the issue is necessary to effectively safeguard consumer protection in the digital environment. As for the specific objectives: i) identify the most appropriate way of counting the period of art. 49 of the CDC, ii) verify the existence and sufficiency of the CDC forecasts to allow an updated interpretation of said article. Therefore, the hypothetical-deductive method was adopted, with a qualitative approach and descriptive purpose, based on bibliographic and documental research. Finally, it is concluded that although there are principles that can guide the interpretation of art. 49 of the CDC, associated with the analogy with the reality of the infoproduct market, the recommendation would be a legislative update regarding the Consumer’s right to Cancel Contracts.

COMMITTEE MEMBERS:
Externo à Instituição - SANDRO MANSUR GIBRAN
Presidente - 1254860 - FABRICIO GERMANO ALVES
Interno - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER