Dano moral por espera excessiva na fila de banco na jurisprudência do superior tribunal de justiça

Abstract

The present work intends to identify the existence of a new damage in the consumption market, which is the damage of productive diversion of the consumer or also denominated as loss of the useful time of the consumer. In order to do so, it was necessary to recover concepts and doctrinal constructions that cover the issue. Thus, firstly, civil liability was analyzed when applied in the Consumer Protection Code. Later on, it was analyzed the assumptions that imply civil liability for moral damages in the consumer market, and on this point the moral damage of the which is mere annoyance to then present the concept and implications of the new damage of productive diversion of the consumer, giving a primordial focus on the latent need of legal protection of time in relation to consumer law. And for research purposes, more specifically, one of the most diverse hypotheses of productive diversion is one that is susceptible to a whole community of consumers who use banking services, which happens when the banking consumer is submitted to long lines of waiting to be serviced at the bank branches. And with that, we proceeded to analyze the jurisprudence of the corresponding High Court of Justice the matter. From this identification of the jurisprudence on the subject it was possible to be noticed that the characterization of the moral damage in these cases is not pacific, revealing in a certain way a necessity of standardization of the jurisprudence.