A aplicabilidade do Código de Defesa do Consumidor às relações bancárias e a análise de sua efetividade em julgados dos tribunais.

Abstract

This paper deals the applicability of the Consumer Protection Code to banking relationships and its effectiveness, in the face of the abusiveness imposed by Financial Institutions. In these terms, we ask: almost thirty years after the entry into force of the Consumer Protection Code and some years after the judgment of ADI No. 2,591 and Precedent No. 297 of the STJ and analyzing some judgments and court decisions, if there is an effective application of the Consumer Protection Code in these judgments. The method of approach used is the deductive one, starting from the study of history and the concepts that involve a consumption relationship, and then going into the questions of the applicability of the CDC to banking relationships and the rights inherent to banking consumers. Afterwards, the study will focus on an analysis of judgments and court decisions so that, finally, it can be concluded whether these judgments and decisions were or were not effective for the CDC. The method of procedure will be monographic and the research technique will be bibliographic, with varied sources, such os books, articles, websites, judges, jurisprudence and magazines. The study of the topic is of fundamental importance, since almost thirty years after the entry into force of the Consumer Protection Code, as well as some years after the Judgment of ADI No. 2.591 and the edition of Precedent n. 297 of the STJ, there are still countless cases of abuse and disrespect for legislation by Financial Institutions. In this sense, this theme is relevant, since banking relationships and services are present in the daily lives of a large part of the population and there is still a lack of awareness on the part of many consumers regarding their rights. In this way, this research aims to raise and evidence extremely relevant information about banking relationships and about the rights of consumers, as well as awakening the need for the effective application of consumerist norms to these relationships.