LIMITES À AUTONOMIA DA VONTADE NAS RELAÇÕES DE CONSUMO

This article aims to analyze, through a historical review following the era of absolutism, the consequences of the unrestricted application of the principle of autonomy of will by private parties in market relations. The chosen methodology includes the deductive method, as well as a review of relevant literature and legislation. Initially, it is necessary to contextualize the traditional Western view of the principle of autonomy of will and the results of its full application in pure private law; subsequently, the transformation from pure private law to social private law is examined; finally, the constitutional and infra-constitutional regulation of consumer relations within the Brazilian legal system is addressed as a way of imposing limits on the misuse of the autonomy of will.

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Publication Details

Journal
Revista fisio&terapia.
Published
2024-08-30
DOI
https://doi.org/10.69849/revistaft/ni10202408302002
Primary Topic
Brazilian Legal Issues
Type
article
Field-Weighted Citation Impact
0.00
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article

LIMITES À AUTONOMIA DA VONTADE NAS RELAÇÕES DE CONSUMO

Laura Schneider von Mühlen
Revista fisio&terapia.
Brazilian Legal Issues
article

LIMITES À AUTONOMIA DA VONTADE NAS RELAÇÕES DE CONSUMO

Laura Schneider von Mühlen
article en

Abstract

This article aims to analyze, through a historical review following the era of absolutism, the consequences of the unrestricted application of the principle of autonomy of will by private parties in market relations. The chosen methodology includes the deductive method, as well as a review of relevant literature and legislation. Initially, it is necessary to contextualize the traditional Western view of the principle of autonomy of will and the results of its full application in pure private law; subsequently, the transformation from pure private law to social private law is examined; finally, the constitutional and infra-constitutional regulation of consumer relations within the Brazilian legal system is addressed as a way of imposing limits on the misuse of the autonomy of will.

Revista fisio&terapia.Vol. 28(137)
Peace, Justice and strong institutions
Openalex Percentile: Top 74%
Brazilian Legal Issues
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