A autonomia do dano temporal como meio de efetivação do direito fundamental de defesa do consumidor

Abstract

In postmodern society, the consumer is involuntarily subject to time-wasting situations, to solve a consumption problem created by the supplier itself. Considering this, the present work aims to assess the possibility of recognition of temporal damage to the consumer in Brazilian legal system, as well as its characterization as an autonomous damage. The methodology used to achieve this goal involves descriptive and explanatory methods. Beyond that, deductive approach and monographic procedure were adopted for systematic analysis of fundamental rights, especially consumer protection and their vulnerability, as well as the understanding of the legal value of time in postmodern society. Based on the recognition of the consumer’s temporal vulnerability and the legal relevance of time, it was possible to analyze the configuration of the temporal damage to the consumer from the perspective of civil liability, and the reflexes of its doctrinal and jurisprudential recognition in the compensation and prevention of new damages to the consumer. As a conclusion to the research problem, in the postmodern society the consumer’s time cannot be underestimated since it has legal relevance and is configured as an implicit fundamental right. In addition, the fundamental right of consumer protection and the vulnerability of the consumer support the time protection. Moreover, as an autonomous damage, the temporal damage enables effective protection of consumer in the legal system.