Indenização por danos morais, materiais, o lucro da intervenção e a vitimização

Abstract

We analyzed, in particular, the performance of the Banks and the Telephony Companies, who managed to popularize their services and bring them to many consumers. These companies provide relevant services to the entire population and consequently contribute to the social and economic development of the country. However, it is necessary to discuss some points about the provision of the services, so that the prerogatives of the current legislation are met. Over the years it is common for most citizens to get a cell phone, sometimes up to more than one, and opening a bank account. Quite different from what happened from a perspective twenty years ago. With the popularization of these services, consequently also came new lids. These demands concern both the poor performance of the service, including some abuses, and the consumer's failure to pay what was previously agreed upon. The legal environment turns the attention to this type of demand that today represents about 44% of the processes that process in the state justice, including the judiciary and the common justice. We will analyze the victimization used by some consumers who want the fast and easy money and the fraudulent conduct of some companies, who prefer to pay the low convictions to adapt their service to the determinations of the Code of Consumer Protection. This article has the interest to bring to the discussion all these controversies of defective services in a fraudulent way and the stance of victimization of consumers, passing through the important role that exists between the regulators and the Public Prosecutor. At the same time it tries to find a middle way between giving security and equilibrium to the market, which is of utmost importance for the population and the development of a nation.