A APLICAÇÃO DO DIREITO DE ARREPENDIMENTO NAS AQUISIÇÕES POR MEIO DIGITAL NO ESTABELECIMENTO COMERCIAL

Abstract

The work aims to investigate and critically reflects about the relevant aspects in the enforcement of the right of repentance in acquisitions by digital and other means, carried out in the commercial establishment, when the consumer does not have access to the product. The Consumer Defense Code (CDC) provides for the right of repentance for purchases made outside the commercial establishment, in order to protect the consumer vulnerability, in the face of incisive sales practices approaches, without enough reflection and discernment to contract or not that, with much less evaluation conditions on the goods hired. For this reason, the research problem comes up, since there is no prevision in the CDC so that this right is applied to purchases where, despite having been carried out inside the commercial establishment, and the consumer did not have access to the product. From this perspective, the research analyzes, the evolution of the right of repentance in the world and in Brazil, the main principles that guide the consumer protection in the CDC, the right of repentance, its foundations and the necessary requirements for its exercise. It may therefore be concluded that, in face of the principles studied, the enforcement of the right of repentance should affect purchases, even if made inside the company's establishment, and the consumer did not have access to the product. For this result, the study used the deductive method, appropriating exploratory research, by means of bibliographic and documentary sources, it is consistent in the analysis of case law, legislation and bills.