Comentários a acórdão sobre chamamento ao processo no código de defesa do consumidor

  • Valéria Silva Galdino CESUMAR / PUC-SP

Abstract

The institute of the impleader is disciplined in the article 77 of CPC and it is considered a modality of forneced intervention of third that can only be hundled by the defendant. In the system of the Code of Defence of the Consumer the use of the institutes of intervention of third is not adminitted, embracing, in that case, the impleader in the damages actions founded in the objective responsability. The Code of Defence of the Consumer has for mark to assure larger procedual velocity to the consumer, recognising his compensation right immediately, moving away any discussion of blame of the supplier or of any contractual co-obligated and extracontractual. The impleader is only allowed by the Code of Defence of the Consumer in the case of only exception: when there is safe on the part of the supplier. Like this, it will allow the condemnation of the insurance company solidarily with the supplying company, becoming one more instrument of effectiveness on behalf of the consumer´s rights.

Author Biography

Valéria Silva Galdino, CESUMAR / PUC-SP
Professora de Direito Civil no CESUMAR - Doutoranda em Direito Civil pela PUC-SP - Advogada em Maringá.
Published
2007-07-24
Section
Artigos Originais