Aspectos gerais da proteção do consumidor na relação contratual ante fato superveniente no MERCOSUL: o caso brasileiro e um questionamento para o protocolo sugerido

Abstract

The contractual relations in the scope of the consumer’s law in MERCOSUL are based on the economic politics of the host State. Thus, the contractual balance can be contaminated by abrupt changes in the economy, provoking a great majority of value for the consumer. The Brazilian legislation makes use of skillful and effective instruments for the protection and defense of the consumer, where it has the possibility of contractual walk through for supervenient fact that unbalances the assumed pact. In the scope of the MERCOSUL the too much partners do not accumulate of stocks this possibility. The present study it brings a pertinent discussion to the attempt of unification of the law’s rules of the consumer in the MERCOSUL, evidencing, through the alluded clause, the fragility of the considered legal system, in december of 1997, in Montevideu, to the consumer’s defense, that wounded bedding of the Assunção Treat.