Open AccessDisabled consumers in solidary private law
Author(s) -
Lúcia Souza d’Aquino,
Guilherme Antônio Balczarek Mucelin
Publication year - 2020
Publication title -
revista da faculdade de direito da universidade federal de uberlândia
Language(s) - English
Resource type - Journals
eISSN - 2178-0498
pISSN - 2177-4919
DOI - 10.14393/rfadir-v48n2a2020-48799
Subject(s) - individualism , solidarity , consumer protection , code (set theory) , work (physics) , disabled people , business , law , law and economics , sociology , political science , engineering , computer science , life style , mechanical engineering , demography , set (abstract data type) , politics , programming language
This work analyzes the evolution of private law, centered on individualism and totalizing codification, towards private law of solidarity, centered on solidarism, which valorizes the person before his particularities and his laws of protection. Thus, with the strengthening of constitutional principles and human rights, the disabled person is described, as a consumer, as hypervulnerable, worthy of specific protection, which will only be effective with the dialogue between the Consumer Protection Code and the Status of the Disabled Person. The research problem centers on how to protect the disabled person as a consumer from the plurality of standards that affect this relationship, in particular the Consumer Protection Code and the Status of Persons with Disabilities. Using a hypothetical methodology, it is assumed that the dialogue of sources method is the appropriate means to effectively protect people with disabilities in the consumer market