Extensão e limites do direito de arrependimento: uma revisão contemporânea do instituto à luz das relações (contratuais) de consumo

Abstract

The present work sought to analyze the right of repentance, one of the classic institutes of consumer law. In the first chapter, we will discuss the extent to which the right of repentance has repercussions on the relativization of the mandatory force of contracts, we will delimit its concept, characteristics, we will analyze the controversies involving its legal nature and we will delimit its normative basis. Throughout the second chapter we will point out the necessary assumptions for the incidence of the right of regret, we will make a correlation between electronic contracting, the covid-19 pandemic and the right of regret. Finally, we will analyze the consumer's right to withdraw from contracts in light of the legislative changes resulting from the COVID-19 pandemic, making a survey of the main debates on the subject, seeking, at all times, to problematize the issue. The third and final chapter is focused on a functional analysis of the institute. In this sense, we will deal with the duties imposed on the supplier and the consumer as a result of the exercise of the right of regret. We will take care of the pillars of the right of regret, rethinking its application. We will talk about the hypotheses of non-incidence of this right, making a comparative analysis with the European Directive 2011/83/EU. And, finally, we will deal with the abusive exercise of the right of repentance.