THE THEORY OF CONSUMER PRODUCTION DEVIATION AND THE POSSIBILITY OF EXTENSION OF THE SCOPE OF APPLICATION

Authors

  • DE FREITAS PASCHOALIM DE MELLO

Abstract

The Theory of Consumer Productive Deviation (TDPC) was developed by Lawyer Marcos Dessaune, which consists of an attempt to quantify the loss experienced by the consumer in the negotiations to solve a certain consumption problem. The main objective of this quantification is to enable the consumer to request compensation for the resulting extra-patrimonial damage, which occurs in the form of loss of useful time on the part of the consumer. The theory gained prominence in the national legal scenario when it was expressly referenced by the Superior Court of Justice (STJ) in 2018, based on judgments under the report of Minister Nancy Andrighi,
such as REsp 1,634,851. The objective of this article is to analyze the TDPC, as well as expose the possible expansion in the scope of application of the aforementioned theory.

Author Biography

DE FREITAS PASCHOALIM DE MELLO

Graduado em Direito pela Faculdade de Direito da Universidade Federal do Rio de Janeiro – UFRJ.
Pós-graduado em Direito Civil Contemporâneo pela Faculdade de São Vicente – FSV.

Published

2024-07-17

How to Cite

DE FREITAS PASCHOALIM DE MELLO. (2024). THE THEORY OF CONSUMER PRODUCTION DEVIATION AND THE POSSIBILITY OF EXTENSION OF THE SCOPE OF APPLICATION. REVISTA JURÍDICA - DIREITO, JUSTIÇA, FRATERNIDADE & SOCIEDADE, 1(1), 35–45. Retrieved from https://revista.sentencadozero.com/index.php/rjsdz/article/view/136

Issue

Vol. 1 No. 1 (2024): Português

Section

Artigos