Aplicabilidade da teoria do desvio produtivo do consumidor - o prejuízo do tempo desperdiçado e da vida alterada

Abstract

This article aims to discuss the “time” as a fundamental right not established in Brazilian law, but included in the personality rights. Taking these assumptions into consideration, this study demonstrated the supplier has been acting in discordance with the law and the good faith resulting in contempt for the consumer. Also, there is the pursuit of evading responsibility, not offering a rapid and spontaneous solution for the consumption problem. Consequently, the consumer becomes bound by operational obligations and material costs in order to solve this matter. Thus, it implies a waste of useful time in order to find a solution to such problem caused by the supplier. Such conduct causes a damage requiring compensation since it is considered a personality right for the consumer.