A caracterização da vulnerabilidade e a inversão do ônus da prova nas relações de consumo envolvendo pessoas jurídicas e profissionais.

Abstract

The purpose of this monographic work is to analyze the different configurations of the consumer relation, especially with regard to the conquest of consumer protection, as well as to consolidate the understanding that it is derived from the recognition of the vulnerability inherent in the subject that purchases products and services as the final recipient and also that regardless of whether this consumer is a physical, legal or professional person may have its weakness recognized as long as it is inserted in the market of consumers in a situation of vulnerability, in the same way it intends to visualize the reflexes of the progress of the conception of the consumer as subject vulnerable in Brazilian legal order to the time. It also seeks the incidence of the Principle of vulnerability when the subject that looks at the protection granted to the consumer is a legal and professional person as well as has the purpose of analyzing the possibility of reversing the burden of proof in the cases involving these two types of consumers. In this context, the problem to be faced is to understand the way in which the legal person and the professional will configure the vulnerability characteristic of Consumer Law through the study of the understandings of doctrinators and especially of the theories regarding this subject and in this way authorize the reversal of the burden of proof in the cases in which they are involved as a party. To deal with this task, the hypothetico-deductive method is used as a method of approach, using the monograph through the bibliographic review technique to discuss the various topics and clarify them based on consolidated knowledge. Finally, it can initially be said that the legal person and the professional can use the rules of the Consumer Protection Code in their consumer relations, provided that in the present case they present vulnerability to the supplier, since vulnerability is the a fundamental precept for the protection of the consumer, likewise with regard to the possibility of using the inversion, one should have as a rule the demonstration of likelihood in the allegations and of the difficulty that the party possesses to produce evidence, configuring its hypothesis in the concrete circumstance.