THE (IN)ADEQUATE PROTECTION OF VULNERABLES IN ELECTRONIC BANKING CONTRACTS

Abstract

ABSTRACT

The improvement of technology in recent years has brought about a major upheaval and revitalization of means and citizen participation, provided by the ease and reduction of bureaucratic obstacles, relatively overcome with the virtual approach and opening of new informative and participatory sites. Thus, a new space of commerce has been consolidated since the 90's, which is the internet, electronic networks and mass telecommunication. Further aggravated by the pandemic scenario, remote consumption relationships have become popular, with hiring carried out through electronic means such as email, internet, without the simultaneous physical presence between the contractors in the same place. Inserted in this context is that, from the deductive method, the question is: do the new technological instruments guarantee the safety of the consumer in the banking contract or do they place them in an aggravated vulnerability? The main objective will be to analyze the positive and negative impacts on the forms and security involving legal transactions concluded electronically, especially bank contracts. In this way, the relevance of the work arises from the need to protect the consumer from the disparity between the parties in contractual relationships, where the supplier is coated with control of the contractual relationship, while the consumer becomes the vulnerable subject of the situation. For this, the method adopted was the hypothetical-deductive, being the research regarding the bibliographic and documentary means, based on materials published in books, articles, legislation and treaties inherent to the theme, as well as a survey of official data, on official websites. As for the purposes, exploratory and descriptive aspects were used to point out the conclusions about the research problem. Finally, a modernization of the legal model is pointed out as a possible solution, from the overcoming of the nationalist vision and the archaic favorable legislation for a system open to adequate and protective solutions, in the defense of the consumer, to be applied simultaneously, in order to always guarantee the maximum protection of your interests.

Keywords: Fundamental Guarantees. Consumer Relations. Vulnerability.