Atendimento virtual e a teoria do desvio produtivo do consumidor brasileiro: análise jurisprudencial dos tribunais de 2020 a 2022 acerca do tempo e dos prejuízos causados ao consumidor

Abstract

Consumer law is a branch of law that deals with the legal relationships between suppliers of products and services with their consumers. Part of this area is consumer protection as a regulatory and protective instrument against the damage to which the citizen finds himself in consumer relations generated by supplier failures, whether due to vulnerability, hyposufficiency or even damage to the legal interests protected by the Federal Constitution. , with the supplier still not only responsible for repairs, but also the underlying obligation to give the consumer conditions to use his productive resource, vital time, in the activities he prefers. For this, the present work aims to approach the consumer's time, characterized as a legal good, analyzing the theory of the consumer's productive deviation in a virtual environment perspective, the deviation of existential activities and the waste of vital time that occurred in the common failures of automated service and bureaucratic problem solving on digital platforms. Thus, relative to the theme, the obstacles related to the achievement of effectiveness, economy, speed and consumer satisfaction will be pointed out in the face of the digitalized service method of suppliers of products and services. In this context, the research has a qualitative character and a deductive method, in which the data will be captured, essentially, from the bibliographical exploration of the Brazilian legislation, analysis in support literature and literature review, filing and condensation of works, scientific articles and Codes pertaining to the subject. Continuing, it contains an explanation of the perception of consumers regarding the service on digital platforms (chat, SAC and others) through the Consumer.gov.br and Reclame Aqui portals, in addition to bringing up the adherence of the STJ and Courts regarding the use of the thesis of productive deviation in the period referring to the years 2020 to 2022 and thereby demonstrate how Brazilian law has been concerned with the issue of wasting consumer time.