Cláusulas abusivas nos contratos virtuais: as violações do direito do consumidor na aceitação dos termos de uso de serviço online

Abstract

The internet has become increasingly widespread in Brazil and globally, bringing with it the massification of membership contracts to an unprecedented level in world history, since it has never been so much bought or contracted before. In this context, given the nature of this type of contract and the fact that Internet users most often do not read them, there is also an exponential increase in the presence of abusive clauses in consumers' lives, which can lead to a judicial action that takes many years to be resolved. This Course Conclusion Paper examines contract history, then studies statistical data that corroborates the fact that most users do not read what they are agreeing to, and then brings data from the country's courts regarding contractual abusiveness. The question it seeks to answer is: in view of the complexity of online membership contracts, are there extrajudicial alternatives for consumers to protect themselves from abusive clauses, since there is no practical possibility of reading all the contracts concluded? In the next part, possible solutions to the problem are presented, concluding that electronic contracts could be simplified by the contractor, contrary to what has been done. Another possibility is that contractual clauses are inserted during the use of the service, showing users what they are agreeing to use. In the next part, possible solutions to the problem are presented, and it is concluded that the most viable alternative is to use a virtual collaborative tool so that users know the most problematic clauses of the contracts presented, so that they can decide whether they agree with that or not.