CONSUMER PROTECTION IN SMALL CIVIL COURTS: CONTROVERSIAL PROCEDURAL ASPECTS

Abstract

Several lawsuits related to consumer rights are filed in Small Claims Courts and there are controversies regarding the procedures permitted therein, which result in divergent case law. This study, through the method of bibliographic review, based on law, doctrine and case law, seeks to highlight the controversies that may compromise the efficiency of the small claims court as a tool for access to justice. Thus, the objective is to demonstrate the legal uncertainty that may result from the disagreement of judges regarding the complexity of the cases and restrictions on the production of technical evidence, preliminary injunctions and provisional measures, the appealability of interlocutory decisions, as well as the need for uniformity in case law.