THE RIGHT TO REPENT AND ITS LEGAL LIMITS: THE APPLICATION OF GENERAL PRINCIPLES OF LAW AS A WAY TO MITIGATE ABUSES IN THE EXERCISE OF RIGHTS

Abstract

The Consumer Protection Code (CDC) is one of the most important laws for protecting consumer rights in Brazil. Its article 49 establishes the right of regret, which allows the consumer to withdraw from a purchase made outside the commercial establishment, within seven days from the date of receipt of the product or signing of the contract. However, the application of this right may be affected by other legal principles, such as good faith provided for in the Brazilian Civil Code, this is a general principle of law that requires the parties to a legal relationship to act with honesty, loyalty and mutual trust. . In the consumer relationship, objective good faith is especially important, as consumers generally have less power and knowledge than suppliers of products and services. In this sense, it is important to analyze how article 49 of the CDC relates to the objective good faith provided for in the Civil Code, considering the practical impacts that this relationship may have on the application of the right to repentance. Therefore, it is necessary to examine the implications of this interaction between legislation and the guiding principles of law, in order to understand how the right to repentance can be mitigated and how it should be evaluated in relationships.