Valores creditados em conta-corrente provenientes de empréstimos consignados não contratados: (im)possibilidade da aplicação do conceito de amostra grátis previsto no código de defesa do consumidor

Abstract

This monographic work had a qualitative method, based on an exploratory jurisprudential research study, with the central objective of verifying the understanding of the Country's Courts, state and higher, regarding the possibility of adhering to the concept of free sample, set out in article 39, item III and sole paragraph of Law 8.078/90, known as the Consumer Protection Code, relating to uncontracted payroll loans that result in amounts credited to the consumer's accounts. To this end, the objective was to initially present how consumer relations work, and the principles that govern the consumer relationship, separating and describing the role of each of the parties involved in the contract. Afterwards, the aim was to present the concepts and theories regarding the definition of a payroll loan and the free sample. As a result of the research, it was clear that the majority of State Courts do not recognize the possibility of adhering to the free sample concept, following the understanding of the Superior Court of Justice. In very few cases, there were decisions that failed to analyze the issue, leaving no position regarding the measure to be taken with regard to the amounts deposited in consumer accounts, and rarely, cases were found in which there was a divergence of decisions in the same State, as well as the application of the free sample in light of the Consumer Protection Code. Thus, it is possible to state that there is unanimity in jurisprudence regarding the topic, with few discrepancies, however, there is a predominance of inadmissibility to the concept of free sample for loans contracted without the acquiescence of consumers, in addition, as already mentioned, the topic presented also it reached the Superior Courts, however, with only monocratic decisions being found on the website of the Superior Court Justice. [resumo fornecido pelo autor]