Atuação do Procon como instância de acesso à Justiça

• Ano de defesa: 2023
• Autor(a) principal: Morais, Tiago Neves de
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal do Rio Grande do Norte; Brasil; UFRN; PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO
• Palavras-chave em Português: Defesa do consumidor; Procon; Acesso à Justiça; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufrn.br/handle/123456789/54409

Consumer protection is a fundamental right, provided for in article 5, item XXXII, of the Federal Constitution of 1988, and reinforced as a guiding principle of the Economic Order in article 170, item V. In this context, the State has the duty to play an active role in the promotion and protection of consumer rights, ensuring the sustainability of consumer relations. The creation of the National Consumer Defense System made this action possible through institutions such as Procon. At the same time, the paradigmatic dispute resolution system known as "multi-door justice" has gained practical contours in our legal system, transcending the notion of exclusivity of the Judiciary as the only way to resolve conflicts, enabling other instances (or doors) to take over , through alternative methods, access to the state peacekeeping mission. This advance is the product of an evolution in the understanding of access to justice. The research is limited to analyzing that, currently, Procon is not just a body that applies administrative sanctions, going beyond, performing, attributions of conflict resolution, assuming a role of instance (or path) through which the consumer accesses the pacifying activity state-owned. In view of this, the following problem is faced: From the observation of an evolution in the understanding of access to justice, which now allows a multi-door system of conflict resolution, is it possible to consider Procon as an instance of access to justice? Analysis from this perspective allows aligning Procon with the sustainability of consumer relations and development as freedom. The general objective of the research is to analyze the performance of Procon from the verification of an evolution of the concept of access to justice, in order to determine if Procon can be considered an instance of access to justice. Procon's activities seek balance in consumer relations, ensuring their sustainability. For this, Procon needs to be framed as an effective institution. In view of this, the specific objectives of the research include assessing the relationship between Procon's activities and the dimensions of sustainability, analyzing its relationship with the UN's Sustainable Development Goal 16 (Peace, Justice and Effective Institutions); and verify whether its action is in line with the evolution of access to justice in a way of resolving conflicts. The methodology adopted is the hypothetical-deductive method, with a qualitative approach and bibliographical and documental research. In conclusion, it is suggested that Procon's performance, in response to the evolutionary movement that involves access to justice, transcends the notion of social pacification as an exclusive responsibility of the Judiciary, finding adequate normative bases to be recognized as an instance of access the Justice.