OS PRINCÍPIOS DA PREVENÇÃO E PRECAUÇÃO NO DIREITO CONSTITUCIONAL DO CONSUMIDOR: UMA ANÁLISE A PARTIR DA TEORIA DO DIÁLOGO DAS FONTES

Abstract

The research aims to analyze the integration of the principles of prevention and precaution in the field of consumer law from its constitutional perspective, and thus demonstrate the importance of paying attention to the risks inherent in the mass consumption, with the application of these principles being a way to preserve the individual within this system. Therefore, considering the various sources of law and the need for the use of different legal institutes, the theory of sources dialogue will be employed to integrate the principles into the legal system. The objective is to verify the application of the principles of prevention and precaution in consumer issues. In this sense, Law as an instrument of social organization and pacification, of promotion of justice and protection of the individual, has been put to the test in the relationships demanded by contemporary society characterized by complexity. Unexpected situations and complex issues require an appropriate response far beyond the mere subsumption of normative texts. Laws are numerous and the Law is full of sources seeking its effectiveness in the lifeworld. The research was developed through the deductive hypothetical method, constructing the application of the aforementioned principles in consumer issues. The dialogue of sources emerges as a hermeneutic tool to confirm the ventilated hypothesis, that the application of the principles of prevention and precaution in cases involving the constitutional right to consumer protection is possible, viable, and well-founded to safeguard rights and prevent consumer harm and accidents. Dialogue allows the integration of legal sources, especially the principles studied here, even though they originate from different themes, residing in the same unitary and complex legal system. A coordinated communication of the various legal norms can help in resolving situations in which the Law faces difficulties, functioning as a set of gears guided by the Constitution. Prevention and precaution emerge from the legal system to protect the consuming individual as an instrument of caution and preservation of the fundamental right to consumer protection. These principles, as tools, should be used appropriately by legal practitioners in defending rights put at risk.