The time of consumer and the planned contempt

the legal treatment of lost time and overcoming its causes, by Laís Bergstein

Abstract

This review aims to highlight the main aspects of Laís Bergstein's work. The work is the result of a doctoral thesis defended by the author at the Federal University of Rio Grande do Sul, under the guidance of Claudia Lima Marques. Laís Berstein seeks, throughout the work, to analyze and develop fundamentals to prevent and compensate the damage caused by the consumer's time when the supplier underestimates his demands in a planned way. In this sense, it proposes a double criterion for assessing the supplier's conduct in order to verify the existence of this type of damage to the consumer: the planned contempt. For the development of this investigation, the author seeks to analyze the legal value of time from the consumer's perspective, the duties of preventing and repairing damages caused by suppliers and overcoming the contempt planned by extrajudicial channels and alternative solutions such as mediation, conciliation, negotiation and arbitration. Thus, the work plays an important role in demonstrating doctrinally the possibility of recognizing temporal damage as an autonomous modality of damage in the Brazilian legal system, as well as pointing out theoretical contributions that allow greater legal certainty in the characterization of this damage through the analysis of planned contempt for the time of consumers.