A cláusula de eleição de foro nas relações de consumo

Abstract

In the course of time, the conditioning factors of the act of consuming have changed significantly, and, through the adoption by a series of strategies that was created by the suppliers was possible to keep the continual dissatisfaction of the consumer. In this context, the massive contractions showed up, to facilitate the establishment of the consumer relations, and, in the same time, gave rise to abuses in detriment of the weakest party by the relationship. It is an approach about the abuse of the forum selection clause in the consumerist’s field, that adress your conditioning factores and impacts in the effectiveness of the enjoyment of the right to access the justice, that encompasses either national and international contractions. Result of a doctrinaire and judicial interpretations, this subject has suffered great changes in the last few years. The hypothetical-dedutive method was adopted, through which, it was arised the hypothesis that with the advent of the Consumer Code (CDC), as well as the Civil Procedure Code (CPC) by 2015, more and more has consolidated the consumer’s right to access the justice. Through a descriptive and qualitative research by the jurisprudence of the Superior Court of Justice (STJ) was observed that in the domestic consumer relations, the protetive mantle of the consumer have been shrinking. For the declaration by the clause abovementioned as abusive, the jurisprudence has been signalized a demand for a necessary submission by evidence of hyposufficiency or difficutly to access the Judiciary, that in the particular case could lead to the unviability of the demand. On the other hand, in the international sphere by the consumer relations, the protection of the consumer has been extended, but not free by conditioning. It is recognised that the consumer has acquired a new profile, and in the same way, the home-country legislation must be adapted.