THE SYSTEM OF BINDING PRECEDENTS AND CONSENSUAL MEANS IN THE RESOLUTION OF JUDICIALIZATION IN THE CONSUMER AREA

Abstract

The purpose of this article is to reflect on the judicialization of consumer relations and the possible ways to resolve consumer conflicts. With the advent of the Brazilian Federal Constitution of 1988, the access to justice was established, the separation of powers into the Executive, Legislative and Judiciary branches, with the latter exercising the jurisdictional function with the role of protector of fundamental rights. From then on, it is observed that the Judiciary began to receive demands regarding the violation of their fundamental rights, including those of the consumers. The method adopted in this article is the analytical-deductive one, carried out from the theoretical analysis of legislation and literature on the subject. Among the conclusions reached in this reflection is that the excess of consumer lawsuits filed causes a delay in the resolution of conflicts under consideration in the courts and can result in a non-isonomic decision-making between the parts in dispute, affecting the legal certainty of the jurisdiction. It is envisaged, therefore, that in the face of the excess of consumer lawsuits and the need to achieve access to justice to the judicial bodies, adopt the doctrine of binding judicial precedents and the use of consensual means between the litigants so that the resolution of consumer conflicts take place quickly and fully.