Theory Of Imprevision And Economic Development: Constitucional And Consumeristics In Pandemic Times

Abstract

The present work brings a scientific study about the constitutionality and legality of the economic-financial measures adopted by financial institutions in the period of exception experienced by the pandemic caused by COVID-19. Through dialogue with principles of a constitutional order, we seek to understand the institute of anatocism in the face of the reduction of inequalities, the promotion of material equality and the promotion of the constitutional principle of solidarity. Thus, the problem is to verify how financial institutions have behaved in the face of economic and social challenges arising from the current pandemic scenario caused by COVID-19. And the hypothesis arises that many financial institutions are not even promoting any change in their contractual conditions and others, when they do, do not promote any suspension of the penal clauses of these respective contracts, or at most, exempt themselves from charging for monetary updates. . Furthermore, the nature of the methodological aspect is qualitative, considering that the theme requires an expanded knowledge and attentive to the new economic and social panorama resulting from the pandemic caused by COVID-19. The deductive approach method, the historical and monographic procedure method, as well as bibliographic and documentary research techniques are used. Finally, the work seeks to emphasize that what is sought is not exactly the rupture of an economic model imposed by capitalism, but rather to promote consumer protection in the form of art. 5, XXXII of the CF, and effecting the solidarity of losses, it is not possible to conceive that certain segments may benefit disproportionately as they continue to print abusive bank fees and interest as if they were in a normal scenario.