A impossibilidade de aplicação do código de defesa do consumidor em face da previdência privada fechada

Abstract

This paper, starting from categorizing the pension schemes operated by closed private pension entities (entidades fechadas de previdência complementar), aims to evaluate whether the legal relation between the participant (associated) and the closed private pension entities is ruled by the Consumer Defense Code. The subject matter is presented in four different perspectives, although not necessarily in a separate way, as they are completely interrelated. Firstly, the author explains the social security system and the portfolio of benefits operated by the closed private pension entities, demonstrating the way the complementary pension schemes are inserted into the social security system defined by the Brazilian Federal Constitution. Secondly, the technical aspects of the pension schemes are detailed, in special their financial-actuarial content. In addition, their legal boundaries and concepts are described, from which the characteristics that impair the application of the Consumer Defense Code to such specific legal relation withdrawn. In the fourth chapter, following the technical and legal analysis of the pension schemes, the consumer relation and its subjects and players are described, and the differences between consumer and participant, suppliers and closed private pension entities are identified. Finally, it is concluded that the Consumer Defense Code shall not apply to closed private pension schemes