Cláusulas abusivas nos termos de uso de serviços online: uma análise da proteção ao consumidor à luz do código de defesa do consumidor

Abstract

This study analyzes the presence of abusive clauses in the terms of use of online services in light of the Brazilian Consumer Protection Code (Código de Defesa do Consumidor – CDC), with emphasis on the consumer's vulnerability within the context of massified and automated digital contractual relations. Starting from the historical evolution of contract theory—particularly the shift from contractual autonomy to the social function of contracts—the research examines how digital adhesion contracts, unilaterally drafted by service providers, impose unfair and often unlawful conditions on consumers. It highlights informational asymmetry, lack of negotiation, and automated consent as factors that exacerbate contractual imbalance. The methodology used is bibliographic and documental research, grounded in legal scholarship, legislation, and updated case law. The main objective is to assess the effectiveness of the CDC's protective mechanisms in identifying and addressing abusive clauses in electronic contracts, offering a critical and contemporary perspective on consumer protection. The study concludes that, although the CDC provides adequate tools, its full effectiveness depends on updated legal interpretations, active enforcement by regulatory bodies, and increased awareness among digital consumers.