The concept of hypervulnerable consumer

an analysis based on the jurisprudence of the Superior Court of Justice

Abstract

This study aims to investigate which social groups and individuals have been understood as being covered by the hypervulnerable condition in the context of consumer relations based on the analysis of the decisions of the Superior Court of Justice (STJ). To do so, we started with the understanding of the consumer's vulnerability as a characterizing element of the legal relationship of consumption and, afterwards, the different aspects of the concept of hypervulnerability were explored. Finally, a survey and analysis of situations that have been understood as covered by the notion of hypervulnerability in the identified STJ decisions was carried out. It is a research developed in an inductive approach. The investigation is based on empirical research, embodied in the survey and analysis of the decisions of the Superior Court of Justice on the matter. Still, the study is supported by a bibliographical survey, notably, of the main doctrinal references selected on the matter. It was concluded that the current jurisprudential orientation of the Superior Court of Justice points to a conception of hypervulnerability that encompasses both individuals and social groups whose special vulnerability stems from the direct application of constitutional provisions - such as the elderly, the disabled and children - as well as individuals who , despite not having their vulnerability expressly recognized in the constitutional text, occupy a concrete position of special vulnerability, just like those with celiac disease.