E-commerce e direito de arrependimento: mitigação e vedação ao abuso

Abstract

The present work is an analysis of the possibility of mitigating the right of withdrawal before the practice of E-commerce as a means to prevent the abuse of rights. Describing in light of the CDC the concept of the right of withdrawal, as well as the historical and current aspects of the institute in the E-commerce consumer relation, understanding within this relation when the exercise of the right of withdrawal becomes an abuse of right and demonstrating the possibility of applying the mitigation of this institute as a way of balancing consumer relations in E-commerce. The methodology used as to the objectives was exploratory, based on bibliographic research, scientific articles and case law in the field of consumerism, which sought to highlight concepts and positions of different scholars and scholars in order to expose the theoretical framework of the topic, proceeding with the necessary and indispensable criticism in the clarification of the investigated object. As for the technical procedures, the method adopted was deductive, using a case study and application of questionnaires conducted personally at the 7th and 12th Special Civil and Consumer Relations Courts of São Luís - MA and at PROCON/MA. Finally, it is concluded that the exercise of the right of withdrawal in the practice of E-commerce when it does not occur within its legal provision may be subject to demands in the Consumer Protection Bodies and in the Judiciary. Thus, the need for improvement of e-commerce in our country is evident, especially in the use of the right of withdrawal in consumer relations, because to avoid abuses the ideal proposal would be to mitigate the exercise of the right of withdrawal, aiming ultimately to bring balance, weighting and reasonableness between the figures, consumer and supplier, within E- commerce.