THEORY OF CONSUMER PRODUCTIVE DEVIATION: PRACTICAL APPLICATION IN CONSUMER ACTIONS IN SPECIAL CIVIL COURTS

Abstract

This paper aims to analyze the application of the Theory of Consumer Productive Deviation in consumer lawsuits, especially in Small Claims Courts. The theory, developed by Marcos Dessaune, recognizes the harm caused to the consumer not only by defects in products or services, but also by the time wasted trying to resolve them, which constitutes a violation of their dignity and rights. In this context, the research seeks to understand the structure of this problem and investigate how the Judiciary can act to educate companies about the importance of decent service, punishing abusive practices in the administrative process. Thus, the following problem-question is formulated: How can the Judiciary apply the Theory of Consumer Productive Deviation to promote consumer dignity and hold companies accountable for abusive practices in administrative proceedings? The analysis focuses on identifying to what extent the application of the theory has been recognized and consolidated in Small Claims Courts, considering the difficulties faced by consumers in obtaining compensation for the time spent resolving problems. Furthermore, it examines how abusive practices and inefficient service by companies result in material, psychological and social damage to consumers, characterizing productive deviation. Finally, the research evaluates how the Judiciary interprets the theory when judging consumer lawsuits, identifying the main obstacles to its effective application. Through the analysis of case law and the application of this theory in the Brazilian legal system, the study seeks to identify how the Judiciary can hold companies accountable for practices that divert the consumer's productive time, promoting the appreciation of time and the well-being of consumers. The research also discusses the relevance of the Consumer Defense Code and the role of Small Claims Courts in protecting consumer rights, aiming at a more balanced and ethical relationship between consumers and suppliers.