O PROCESSO ESTRUTURAL COMO INSTRUMENTO DE REPRESSÃO AOS PEQUENOS DANOS AOS CONSUMIDORES

Abstract

This article aims to establish a useful and necessary dialogue between consumer law and the structural process, as a way of making concrete the values established in Brazil’s Constitution that deal with consumer protection, notably in relation to minor damages. Thus, it seeks to make a diagnosis of the current scenario of the Judiciary that indicates the inefficiency of repressive tutelage, both by means of statistical indicators, and by barriers created by jurisprudence and endorsed by the doctrine. In a theoretical tour, it intends to demonstrate the viability of the structural process as an alternative to inhibitory protection, so that consumers, together with suppliers, associations, the Public Prosecutor's Office and the Public Defender's Office, can dialogue in a broad democratic arena with the objective of building a solution that can be effectively fulfilled. And, to accommodate and make compatible the diplomas for the defense of consumption and civil procedure in the search for the viability of the structural process, this work will use the theory of the dialogue of sources. The present work will use the hypothetical-deductive method, using theoretical and bibliographic research as a technique.