Cláusulas abusivas em contratos bancários: a nulidade ou anulabilidade em relações de consumo

Abstract

This study aims to conclude, employing normative, doctrinal, and jurisprudential analysis, whether abusive clauses in banking contracts under the Consumer Protection Code are null or annullable. Indeed, the law is clear in establishing that any unfair terms in contracts signed with consumers would be null and void. However, despite being the legal literature also in the sense of protecting the vulnerability of the consumer, there is in the jurisprudence a peaceful understanding that construes the unfair contract terms executed by consumers and financial institutions as annullable. Thus, the present study starts from the theoretical documentary research to, upon the inductive method, analyze the effects of the enforcement of consumer laws in banking contracts, especially the consequences of the recognition of unfair terms, establishing a universal proposition that the unfair contract terms executed by consumer and financial institution are annullable, in clear conflict with the constitutional protection and effective recognition of consumer vulnerability.