Aula 01 - Relação de Consumo - Parte I

Summary

Professor Carlos Eduardo de Andrade Maia, known as Professor Maia, discusses the concept of consumer relationships in consumer law. He emphasizes that the Consumer Defense Code (CDC) applies only when a consumer relationship is established, involving a consumer as the final recipient and a supplier who habitually and profitably provides products or services. Maia uses examples to illustrate these points, aiming to help students understand and pass the bar exam.

Takeaways

• 📚 Professor Carlos Eduardo de Andrade Maia, known as Professor Maia, is a civil law and consumer law professor who teaches across various institutions in Brazil, including the TV Justice of the Supreme Federal Court.
• 🎓 The focus of the lectures is on consumer law, aiming to help students pass their bar exams by understanding the consumer protection laws and how they apply.
• 🔍 To determine the applicability of consumer protection laws, it's crucial to understand when a consumer relationship is established, not just identifying a consumer.
• 👥 The consumer law (CDC) applies when there is a consumer relationship, which involves both a consumer and a supplier. The consumer can be either a natural person or a legal entity acquiring a product or service as the final recipient.
• 🏢 The supplier, according to the Consumer Defense Code, can be any natural or legal person, public or private, national or foreign, including depersonalized entities, who habitually and profitably provide products or services.
• 🛒 An example given is a student selling homemade chocolates in a classroom, illustrating how a natural person can be a supplier if they habitually and profitably provide a product.
• 🚗 Another example involves buying a car from an individual seller through an online platform, emphasizing that the consumer protection law applies if the transaction is finalized and the buyer is the final recipient of the product.
• 🏬 The script clarifies that a consumer relationship does not exist between a supermarket and a supplier, as the supermarket is not the final recipient of the products it stocks for sale to consumers.
• 📈 The key to establishing a consumer relationship is the presence of a consumer in the position of the final recipient and a supplier who habitually and profitably provides the product or service.
• 📚 The lecture emphasizes the importance of understanding the objective and subjective requirements for a consumer relationship to be recognized, which is essential for the application of the Consumer Defense Code.
• 📘 The lecture concludes with a teaser for the next session, encouraging students to continue studying consumer law to prepare for their bar exams, highlighting the goal of achieving a successful outcome.

Q & A

Who is the speaker in the video script?

The speaker is Carlos Eduardo de Andrade Maia, also known as Professor Maia, a professor of Civil Law and Consumer Law.

What is the main focus of the lessons taught by Professor Maia?

The main focus of the lessons is on Consumer Law, specifically aimed at helping students pass their bar exam.

What is the importance of understanding the consumer relationship according to the script?

Understanding the consumer relationship is crucial because it determines when the Consumer Protection Code (CDC) is applicable and when consumers have legal protection.

What are the two main parties involved in a consumer relationship as mentioned in the script?

The two main parties involved in a consumer relationship are the consumer and the supplier.

According to the script, who is considered a consumer under the Consumer Protection Code?

A consumer is any natural or legal person who acquires a product or service as the final recipient.

What is the definition of a 'final recipient' in the context of consumer law?

A 'final recipient' is the person at the end of the consumption chain, where the product is exhausted or the service is performed for them.

Can a natural person be a supplier according to the Consumer Protection Code?

Yes, a natural person can be a supplier if they provide a product or service with habituality and for profit.

What is the significance of the term 'habituality' in determining a supplier?

Habituality refers to the regularity with which a person provides products or services, which is a key factor in determining if a supplier relationship exists.

What is the role of profit in the context of a supplier's activities?

Profit is the motive behind the supplier's activities, indicating that they are providing goods or services with the intention of making a financial gain.

Why is it incorrect to assume that the Consumer Protection Code applies simply because there is a consumer?

It is incorrect because the Consumer Protection Code applies only when a consumer relationship is established, which requires both a consumer as the final recipient and a supplier providing goods or services habitually and for profit.

Can a foreign individual be a supplier under the Consumer Protection Code?

Yes, a foreign individual can be a supplier if they are providing products or services within the country, subject to the rules of Consumer Protection Code.