A (in) aplicabilidade do Código de Defesa do Consumidor nas relações entre as corretoras financeiras e investidores na bolsa de valores brasileira

Abstract

The main objective of this work is to highlight whether there is a possibility of applying the Consumer Protection Code (CDC) in relations between financial brokerages and investors on the Brazilian stock exchange, since the demand in the judiciary for processes is growing and there are doctrinal divergences that version on the topic. The dominant jurisprudence ensures that the investor is considered a consumer within this relationship set out above. However, the application of the CDC is restricted to specific cases, given the existence of particularities for the financial market. Thus, among the points to be addressed, the history of the code, the duality between investor and consumer, the history of the stock exchange, the vulnerability of investors and the responsibility of financial brokers in the financial market. Therefore, an analysis of case law and articles of law will be carried out so that it is possible to demonstrate a cohesive conclusion on this topic.