Análise e interpretação dos direitos básicos do consumidor sob a ótica da Análise Econômica do Direito

Abstract

The article proposes to analyze and interpret basic consumer rights from the perspective of Economic Analysis of Law. The dysfunctionality caused by the excess of information and those responsible for consumer education, notably children and adolescents, are lost. It aims to analyze the possible offense to the free initiative of supplier-entrepreneurs and to competition in the face of the restrictions of certain commercial and contractual practices. We seek to investigate the format of civil liability along the lines established in the Consumer Code and the problems of social costs and ownership of reparatory and indemnity rights. The objective is to examine the effects of the right to broad and unrestricted access to justice, notably in relation to the supplier's information asymmetry and the congestion of the judiciary. Supported by the deductive method, the article argues that legislators and judges must be encouraged to act in cooperation and reciprocity to achieve the real purpose of the economic order and the objective of consumer protection.