O tempo enquanto bem jurídico a ser tutelado: empresas de telefonia e o desvio produtivo do consumidor no âmbito do Tribunal de Justiça do Maranhão de 2015 à 2020

Abstract

Time is the means by which we perform all other activities in life, and above all, it is a resou- rce of an economic and social character. Insofar as time is, undoubtedly, a scarce and irreco- verable asset, by contrast, essential in human relations, it becomes logical to assume that the injury caused to consumer’s vital time is a damage that deserves reparation. Thus, the present academic research seeks to analyze how the temporal damage caused to the consumer by tele- phone companies has been applied by the State of Maranhão’s Court of Justice. The methodo- logy used for such analysis is the deductive argumentation model, by which true propositions are reached based on broad rational reflections, until it reaches specifics conclusions. Furthermore, bibliographic research is used with analysis of doctrines, jurisprudence, magazi- nes, scientific articles and academic works. In the first chapter of the study the concept of time that best adapts to the theme will be worked on, as well as the need to value this asset due to the absence of specific state protection. After, the second chapter lends itself to study civil liability in general, relating the difficulty of configuring temporal damage, to a trivializa- tion of indemnifiable damages. And, finally, in the third and last chapter, the research is con- cerned with presenting the theory of productive deviance and its relationship with the cases in which telephone companies fail in the provision of their services, forcing the consumer to spend their vital time to resolve a problem that he didn’t give cause. Facing this relationship, the research finally analyzes judicial decisions within the scope of Maranhão’s Court of Justi- ce between the years of 2015 to 2020, with the objective of verifying wether the aforementio- ned theory has been applied in this type of consumption relationship.