O SIGNALING DO RECURSO ESPECIAL – RESP N.º 1.907.394/MT, OS EMPRÉSTIMOS CONSIGNADOS CONTRAÍDOS POR IDOSOS, ANALFABETOS E INDÍGENAS E A INTERVENÇÃO (IN)DEVIDA NA AUTONOMIA DA VONTADE

Abstract

In view of the supremacy of the freedom of contract and even the very own structure of the economic ordem, it’s discussed the viability of the proposition made on the appeal n. 1.307.394/MT, which signals the alteration of the Superior Tribunal de Justiça’s comprehension, preaching that it must be analysed, in cases on which is discussed the validity of the payday loans contracted by illiterates, if the consumer effectively understood the terms of service, even when respected the 595 article of the Civil Code of 2002, disposition that is applied on these cases, by the Citizen’s Court, from the use of analogy. To that end, it’s analysed the general contract structure, the value atributed to the free will and the freedom of contract by the Brazilian law and the economic organization, to verify if the state’s intervention on private affairs – by means of constructing a paternalist jurisprudence – is legitimate. Given the object of discussion, the deductive method was understood as the most pertinent to the bibliographic analysis undertaken, enabling the understanding of the conceptual terms analyzed in order to reach the result.