The standard consumer contracts and Orlando Gomes’ visionary position in defense of the vulnerable part

Abstract

This article deals with the relevance of
Bahia’s jurist, Orlando Gomes, for the protection of
consumer interests and rights in the face of standardized contracting. The aim is to demonstrate that
the abovementioned scholar, in an original way,
through the work Contratos de Adesão (Standardized contracts), published in 1972, initiated legal
discussions on the massification of legal agreements and the need to ensure balance in favor of
the adherent. This is because it constitutes the most
vulnerable part that accepts content dictated by
those who unilaterally elaborate the arrangement.
In the preliminary topic of this essay, there are
some considerations about the emergence and the
historical evolution of the standardized contracts.
It then goes on to approach concept, the terminology, the characteristics and the legal nature of
the institute in analysis. Moving on, there is a topic
intended to discuss the fundamental principles of
standardized contracts interpretation, ending with
the Gomes’ suggestion of avoiding or removing unfair terms. In conclusion, the author, with his genius