THE PRINCIPLE OF EQUALITY IN CONSUMER LEGAL RELATIONS

Abstract

This article aims to address the principle of equality in consumer relations, contextualizing it within the application of material equality (substantial equality), in line with constitutional principles and deemed indispensable for consumer protection against suppliers. The general objective of this article is to analyze the application of the principle of equality and the rules of the Consumer Defense Code (CDC) in consumer relations, in order to harmonize the interests between the parties. The methodology employed is characterized as bibliographic and documentary research with a qualitative approach, based on doctrinal analysis and the examination of case law from the Superior Court of Justice (STJ) and the Supreme Federal Court (STF) regarding the reversal of the burden of proof and types of vulnerability.The results indicate that the principle of equality is not limited to formal equality, but requires positive measures (material equality) that recognize technical and economic disparity, legitimizing differentiated protection for the consumer. It is concluded that the principle of equality is a fundamental right of contractual justice, essential for building a balanced market, with the application of interpretation rules aimed at equalizing the unequal in consumer legal relations