Análise da proteção do consumidor nas plataformas de economia de compartilhamento

Abstract

Sharing economics is a new and ascendant mode of consumption based on the sharing of goods or services that, from disruptive technologies of online platforms, has transformed the way in which the consumer has dealt with the need for property, while at the same time subverting traditional economic and legal concepts. In this new context, the legal order of the country is faced with the relevant challenge of governing the legal repercussions implemented by the new economic expression absorbed in the preexisting dogmas, especially in what belongs to the judicial protection demanded by the consumers of the platforms of the economy of sharing before the permanent situation of fragility. In this sense, the main purpose of this study is to analyze how the consumers of the sharing economy platforms are protected in the national consumer law, exploring whether the implementation of a specific regulation is necessary. In order to do so, we sought to understand the socioeconomic context that favored the development of the sharing economy, as well as the fundamental characteristics that make up this phenomenon. Afterwards, it was pertinent to examine the consumer protection rules in the national legal system, notably verifying the consumer protection of the sharing platform in the Federal Constitution and, in the under constitutional plan, in the Consumer Protection Code, using its provisions pertaining to consumer protection and measuring the configuration of consumption relation applied to the new consumption expression. In this way, it was tried to verify which would be the most suitable way to promote the protection to the consumers in the phenomenon of the shared consumption, either with the application of the current consumerist norms, with the edition of specific regulation or allowing the self-regulation by the own platforms of sharing. For that, the inductive method was used to perform the work, also characterized as a theoretical study and a qualitative approach, since it aimed to explain this phenomenon in its broadest sense. In addition, the theoretical body was based on bibliographical research of works and academic works, journalistic articles and based on the practical conjuncture that occurs in society. This fact also starts from a doctrinal and legal analysis of the theme, with emphasis on the examination of concepts and the relationships between them. Therefore, after the observations made, it was concluded that the consumer user of the sharing platform is supported by the Federal Constitution, since he considers himself a consumer, however, the CDC does not demonstrate the necessary elements to promote the effective protection demanded, which is why a state regulatory response proves to be a more accurate measure, but provided that it consists of intelligent regulation that balances the interests of consumers but also allows the free performance of the platforms.