Overview of the compensability of time wasted by consumers within the context of consumer legal relations

Abstract

The aim of the study was to analyze the current scenario in Brazil regarding the reparability of damage suffered by the consumer due to their fruitless expenditure of time due to conduct attributable to the supplier, especially the application of the so-called “theory of productive deviation”. In order to achieve this, an exploratory and descriptive bibliographic analysis were used, centered on the work of Marcos Dessaune, as well as documentary analysis, with special attention to judgments issued on the subject by the National High Court of Brazil (STJ). The compensation for damage caused by the conduct of someone who caused unnecessary waste of useful time, with special focus to consumer relations, is accepted by Brazilian law, with in-depth analysis and even criticism of the subject by specialized doctrine constructed and developed in recent years, as well as the continuous and recent application of that theory by Brazilian courts, as moral damage. Recognizing the peculiarities of consumer relations, especially those aimed at protecting a weak and vulnerable subject of rights, resistances has been identified to qualifying the theory for non-consumer private law relations.