Post by messi05 on Jan 24, 2024 5:50:05 GMT
The Superior Court of Justice was created in 1988, with the promulgation of the Federal Constitution. In less than a year, it was installed, in Brasília, as the court responsible for saying how infraconstitutional legislation should be interpreted. Since then, it has been very difficult to study Civil Law without following the evolution of the STJ's jurisprudence on the most diverse subjects, such as Consumer Law, Family Law and Private Law. Sergio Amaral/STJ STJ jurisprudence guided the evolution of Civil Law after the 1988 Constitution, analyzes minister Luis Felipe Salomão.
Sergio Amaral/STJ According to Minister Buy Phone Number List Luis Felipe Salomão, from the 2nd Section of the STJ, the main proposals for updating Civil Law came from the court, which led to important legislative changes. In a lecture this Tuesday (15/8) at the International Law Congress, at the Faculty of Law of USP, he highlighted the importance of the STJ's decisions for consolidating the principle of objective good faith and the social function of the contract, two concepts that guided the 2002 Civil Code. Among these jurisprudential changes are those that gave rise to the Consumer Protection Code.
Salomão cited the example of Special Appeal 4,968, judged in 1991 and reported by minister Sálvio de Figueiredo, which defined: “Consumer protection, today elevated to a constitutional level, must deserve systemic exegesis from the judge, under penalty of offending the legal system” . “The decision comes after the code, but it shows how the court's jurisprudence already contained the principles of protection of the legally and technically weaker party in the consumer relationship”, commented Salomão. Another example cited by the minister is the definition, by the STJ, of the concepts of consumer and supplier using the vulnerability criterion. In 2004, in REsp 541.867, the court decided that anyone who purchases a product with the aim of “implementing or increasing their commercial activity” is not in a consumer relationship, but rather in an “intermediate consumer activity”.
Sergio Amaral/STJ According to Minister Buy Phone Number List Luis Felipe Salomão, from the 2nd Section of the STJ, the main proposals for updating Civil Law came from the court, which led to important legislative changes. In a lecture this Tuesday (15/8) at the International Law Congress, at the Faculty of Law of USP, he highlighted the importance of the STJ's decisions for consolidating the principle of objective good faith and the social function of the contract, two concepts that guided the 2002 Civil Code. Among these jurisprudential changes are those that gave rise to the Consumer Protection Code.
Salomão cited the example of Special Appeal 4,968, judged in 1991 and reported by minister Sálvio de Figueiredo, which defined: “Consumer protection, today elevated to a constitutional level, must deserve systemic exegesis from the judge, under penalty of offending the legal system” . “The decision comes after the code, but it shows how the court's jurisprudence already contained the principles of protection of the legally and technically weaker party in the consumer relationship”, commented Salomão. Another example cited by the minister is the definition, by the STJ, of the concepts of consumer and supplier using the vulnerability criterion. In 2004, in REsp 541.867, the court decided that anyone who purchases a product with the aim of “implementing or increasing their commercial activity” is not in a consumer relationship, but rather in an “intermediate consumer activity”.