ANÁLISE JUDICIAL DA REVISÃO CONTRATUAL

Abstract

This paper conducted an exploratory study on the issue of judicial review of the contracts, using several authors, the law and jurisprudence to solve the social problem in the legal universe, based on the legal and economic theories on this theme. Using the methods dialectical and historical-comparative study addressed the evolution of jurisprudential understandings that underpin judicial decisions in this case, combined with the investigation of the phenomena that take place at the heart of society. It started from the assumption that the trials of the chores that involve issues relating to contracts should be based both on the disposal of the Civil Code on the subject, as in devices placed by the Consumer Protection Code, the dialogue occurring sources, under penalty of not achieving the desired social justice. The research carried out in the legislation, doctrine and jurisprudence, as well as practical reasoning and critical analysis on the subject concluded that the judiciary can and should analyze the judicial review in this case, aiming to contractual justice.