Monografias de Graduação
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Bachelor Thesis A tutela compensatória e punitiva do consumidor hipervulnerável: análise crítica dos fundamentos e consistência do dano moral arbitrado pelo TJRN em casos de contratações fraudulentas de RMC/RCC.(Revista Cientifica Cognitio Juris, 2025-12-08) Azevedo, Vitoria Eduarda Mathias.; Almeida, Juan de Assis; Almeida, Juan de Assis; Almeida, Juan de AssisThis study critically analyzes the granting of moral damages compensation by the Court of Justice of Rio Grande do Norte (TJRN) in cases of fraud involving Consignable Margin Reserve (RMC) and Consignable Credit Card (RCC) against hyper-vulnerable consumers. The research problem questions to what extent the dosimetry criteria adopted by TJRN ensure the effectiveness of judicial protection of the rights of elderly consumers, retirees and pensioners of the National Social Security Institute (INSS). The general objective is to verify the effectiveness of protection through examination of applied compensatory criteria and their compliance with the principles of proportionality, reasonableness and comprehensive protection of hyper-vulnerable consumers. A qualitative approach is adopted, based on exploratory and descriptive research, using the deductive method, with bibliographic, documentary and jurisprudential research techniques. Twenty collegiate decisions issued between January 2024 and October 2025 were systematically analyzed. The results demonstrate that, although TJRN unanimously recognizes the hyper-vulnerability of consumers and the objective liability of financial institutions, the awarded amounts prove to be manifestly insufficient to fulfill the punitive-pedagogical function of civil liability. The average value of awarded compensations was R$ 3,322.19, with a median of R$ 3,000.00, representing negligible amounts given the economic capacity of convicted institutions. The absence of objective dosimetry criteria was identified, with systematic omission of analysis of the offender's economic capacity and recurrence of conduct, in addition to significant inconsistencies between substantially similar cases. It is concluded that the analyzed jurisprudence, although formally protective, lacks material effectiveness, perpetuating fraudulent practices by transforming judicial convictions into mere "operational costs" easily absorbed by financial institutions. A biphasic fixing methodology is proposed with a guiding base value of R$ 8,000.00 and application of objective increase and reduction factors, aiming to ensure isonomy, predictability and effective deterrence of harmful conduct.