O retrocesso do direito do consumidor frente a aprovação da lei nº 13.455/2017

Abstract

The retrocession of the right of the consumer in front of the approval of Law 13455/2017. This article aims to analyze the changes introduced by Law 13455 of June 26, 2017, in an attempt to demonstrate the negative points imposed by its promulgation. From now on it is possible to charge prices differently according to the payment method chosen by the consumer, a practice hitherto prohibited by the legal system. It was also established the nullity of contracts that prohibited this differentiation in consumer relations. First, we present the historical bases of Consumer Law, its first manifestations and the legal structure of a consumer relation. Next, we analyze the main guiding principles of consumer relations pointing out some implications of the Law in its conceptual basis, making a brief analysis on who actually extends the protection provided in the CDC. Finally, this work takes a specific approach to the new Law, demonstrating that its enactment has brought back the rights of consumers, widely defended by our constitutional and infraconstitutional legislation, giving full emphasis to the Consumer Defense Cod.