Proteção e Garantia ao Consumidor nos Contratos Bancários

Abstract

This study analyzed transparency in banking contracts signed with vulnerable consumers, highlighting the importance of protecting their rights against clauses unilaterally imposed by financial institutions. The central problem of this research was to verify how the lack of transparency in these contracts contributes to consumer vulnerability, especially given the informational asymmetry and the imbalance of power in contractual relationships. To address this issue, the study examined the origins and strategies of banking contracts, analyzing their particularities under the regulations of the Central Bank of Brazil, Law No. 4,595/64, the Consumer Protection Code, the Civil Code of 2002, and the Code of Civil Procedure of 2015. Furthermore, it identified evident problems in the legal relationship between consumers and financial institutions, which often impose abusive or complex clauses. The methodology adopted combined doctrinal and jurisprudential analysis based on theoretical studies and current legislation, along with the author's professional experience, which provided a more concrete perspective on the challenges consumers face in the banking sector. The hypotheses presented were confirmed throughout the research, demonstrating that contractual transparency is essential to balancing relationships between consumers and financial institutions, ensuring greater legal protection and preventing abusive practices.