O instituto da prescrição à luz do Código de Defesa do Consumidor

Abstract

The work to be done is to analyze, from a theoretical and practical issue of the Institute of the light Prescription Consumer Protection, since application directly imports in the extinction of the claim of the right of action in the face of inertia of the holder right. Consumer relations, in our legal system, are examined in greater Law, Article 1.º, III, who welcomes the absolute principle of human dignity, as a fundamental criterion assuming the guidance that the importance of standards of Order public and social interest of the Consumer Defense Code should be interpreted differently by private law that appreciated classic. It is with footstool these reasons, the application of the Institute's prescription, in the light of the Consumer Protection Code, must be sustained, especially because, although the Code of Consumer Protection, to determine the question, has made only in relation to accidents consumption, this gap must be filled by the subsidiary application of the Civil Code, as well as other institutes, taking into account the principles of the protective system of consumer relations, on the grounds that should be applied to this case the norm most beneficial