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Access to justice, consumer law and social change: the legal guardianship to over indebted consumers in Franca

Grant number: 15/19311-1
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): December 01, 2015
Effective date (End): June 30, 2017
Field of knowledge:Humanities - Sociology - Other specific Sociologies
Principal Investigator:Agnaldo de Sousa Barbosa
Grantee:Dayana Moura Dezena
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The historical process of development of access to justice is very costly to the consumer's right as these new rights were acquired guardianship instruments. The recognition of the imbalance between consumer and outfitter established a historic turning point in how the consumer is seen in the consumer market. The indebtedness is the latent social and legal phenomenon. The issue goes beyond economic bias, herding the social bias because indebtedness may mean exclusion from the consumer market and to the commitment of their own family subsistence income. Therefore, the proposal is to analyze and investigate the contribution of legal protection for the economic balance of these consumer relations. The method is, in short, the empirical case studies of debt distress attended by PROCON in Franca. and legal proceedings in the same district started due to the orientation conducted by PROCON, which can be found virtually at the Court of the State of São Paulo. The cases collected observe the time frame 2009-2012, the four fateful years consequent emergence from the crisis of 2008. As for the theoretical framework, the following authors are: Cappelletti and Garth with the work in Florence Project and the broad historical approach to his work on access to justice; Claudia Lima Marques consumer law scholar , dedicated to projects such as the Observatory of Credit and Consumer over indebtedness; and Boaventura de Sousa Santos in order to seek references for in-depth analysis in terms of the sociological impact that the subject has.