Abusividade nos contratos de financiamento imobiliário sob o ponto de vista do código de defesa do consumidor

Abstract

Research conducted from the importance given to real estate financing agreements, which are intended to provide not only the right to property to the contracting parties, but also - and mostly - the access to the right to dwelling and housing, by focusing on the consumer relations. In this sense, we made considerations on the property and contract theory as grounds of application of free initiative, which, on its side, finds limits as a consequence of the compliance with the social functionality assigned to each of the institutions. We present the main forms of real estate financing, indicating that the amortization systems of debts incurred by consumers represent the main source of abuse in these agreements, as such systems involve equations and tables fed by exponential criteria. Thus, the relationship established will depend on good faith and ethical behavior of the supplier in the monthly demonstration of the extensive number of agreement installments. In this scenario, we demonstrate which system of laws is in charge of the abuse of rights with dynamism by establishing principles instead of exhausting lists. Therefore, we discuss the philosophical meanings applied to the concept of objective good faith, ethics and social responsibility, applicable to real estate financing agreements under the approach of the need for consumption, when these instruments are found to be route of access to dwelling and housing