A eficácia da função pedagógica nas sentenças envolvendo cobrança indevida: análise de processos consumeristas no 10º e 12º Juizado Especial Cível da Comarca de Natal no ano de 2023

Abstract

This research discusses the effectiveness of the pedagogical nature of judicial decisions, especially those pertaining to consumer law, a sensitive topic that merits in-depth examination. The general objective of this study is to analyze the effectiveness of this pedagogical nature in judgments rendered by the Special Civil Courts of the Judicial District of Natal in 2023, specifically concerning cases involving undue charges, thereby seeking to identify the relationship between the observed procedural characteristics and the scope of full redress. Accordingly, 20 cases were analyzed, chosen via simple random probabilistic sampling, from the 10th and 12th Special Civil Courts, in 2023 , focusing on a possible gap in this legal framework, which appears to fail in promoting significant changes in the behavior of the sued companies. Thus, the investigation points to a potential disconnect between the formal rigor of legal proceedings and the application of less effective sanctions, particularly regarding compensation for moral damages, failing to fully redress consumers. In the empirical domain, the procedural analysis reveals various critical points, such as the quality of initial pleadings and defenses. With these issues in mind, this work highlights the need for a more profound examination of the application of consumer law in the Special Civil Courts, aiming to identify pathways to strengthen the compensatory and pedagogical nature of judicial decisions, thereby ensuring more effective protection of consumer rights.