Access to justice and resistant pretension in the extrajudicial scope as a condition for the consumer's proposal for action

Abstract

On March 15, 1962, American President John Keneddy stated that "consumers are all of us". This phrase was a milestone in the implementation and preservation of consumer rights in the USA and worldwide. The fight for such rights guaranteed the consumer society the protection against harmful practices by the suppliers of products and services, as well as determined the State's duty to ensure such prerogatives. Among these is the principle of access to justice, provided for in the Federal Constitution of 1988 (CF) and in the Consumer Protection Code (CDC). Despite this, there is currently a tendency for magistrates to make it difficult for consumers to enjoy this right. Currently, Bill No. 533/19 is in progress, which corroborates this thesis. In this sense, the objective of this work is to show the historical evolution of access to justice, of the judicial equivalents and, finally, to find out to what extent the claim of the referred project violates the bigger law and the rights of consumers. The method used in this research is exploratory in nature from the analysis of material involving the most varied studies on the topic, such as doctrines, standards, academic articles, digital platforms, etc. The objective is to give the reader support that is sufficient to understand the topic.