FEDERALISMO E DIREITO CONSTITUCIONAL SUBNACIONAL: LIMITES FEDERATIVOS E OS REGIMES ESTADUAIS DE PROTEÇÃO AO CONSUMIDOR

Abstract

Consumer protection through state standards is beneficial, as states can regulate important aspects from a regional point of view that are neglected by federal legislation, such as the Consumer Protection Code. However, the possibility for member states to protect consumer rights through state constitutions results in federative problems. The possibility of regulating consumer rights at the state level has been severely limited by the jurisprudence of the Federal Supreme Court (STF). The article will set out the premises for discussion of the federative system, how the Federal Supreme Court develops criteria for affirming the constitutionality of state laws that deal with consumer rights, to analyze the jurisprudence of the Federal Supreme Court it was necessary to define the method of argumentative analysis to determine variables. Therefore, it becomes essential to examine the limitations imposed by the Supreme Court, in order to define normative criteria that conform to constitutional restrictions and that, therefore, must be observed by state legislatures.