A concretização do direito fundamental de proteção ao consumidor/cidadão vulnerável : um debate acerca das intersecções público-privado em face da proposta de políticas públicas de autonomia dos Procons.

Abstract

This thesis is linked to the constitutional law of consumer protection / vulnerable citizens. The theme is about the realization of the fundamental right by a debate about the public-private intersections in the light of the proposed public policy autonomy of Procons. The proposal is included in the consumer law area, which seeks to safeguard the essential human need for consumption and at the same time rebalance a relationship that has become fragile between its agents, requiring the new national consumer protection policy actions informed in principle of solidarity. It is justified the choice research theme in view of their relevance in ensuring the fundamental rights of consumer / citizen, as the Constitution of 1988 recognized this right, attributing to the State the duty to protect the consumer, given their presumed condition of vulnerability to the vendor. Therefore, this work seeks to answer the following question: Is there a need or not about the implementation of public policies in the municipalities for the installation and implementation of the administrative autonomy of Procons towards achieving full compliance of the fundamental right of vulnerable consumers through private public intersection? Based on this question there is, as main objective, presenting public policy proposals to carry out the administrative autonomy of Procons, through a reanalysis of national consumer policy, based on the principle of solidarity. It was adopted as a method of approach with historical deductive procedure and carried out a literature search. The research technique also included indirect and direct documentation. Thus, there was a data collection during the period from November 15 to December 15, 2015, together with the coordinators of 27 Procons of the Rio Grande do Sul state. In conclusion the thesis presents a set of actions that must be performed if integrated with the consumer protection Code, the National System of consumer protection and the executive and the City Council to define together with the civil society of public policies to be implemented in consumer protection improvement of the search. It is proposed to strengthen Procons organ transformation in autarchy, public law foundation or even the creation of Municipal Offices or State. Another aspect to be stimulated by consumer protection agencies or help desks is resolving conflicts out of court. Thus equipping the organs and provide them with infrastructure contributes to autonomy, in order to carry out the necessary solidarity in the dialogue established in interprivate relations. Still, it is needed to encourage consumer education, with actions involving all kinds of consumers, from the child, adolescent, adult audience and senior citizens. The theme should be presented in elementary schools, high schools and in the university in a transdisciplinary way, establishing the necessary reflection of a consumer society and the impact on the environment. For the deployment of these actions can be used, as demonstrated during the research, funds deposited in consumer funds, municipal, state and federal levels.