(IN)APPLICATION OF LAW NO. 8078/90 IN ASSOCIATIVE RELATIONS WHEN VEHICLE PROTECTION IS INCLUDED IN THE BENEFITS:

STUDY OF THE CONSTITUTION AND TABULATION OF RECENT DECISIONS OF THE COURT OF JUSTICE OF SANTA CATARINA

Abstract

This article examines the possibility of applying the Consumer Defense Code to the relationship between association and member within the mutualistic system. The method used was exploratory in nature. Data collection was both bibliographic and documental.The approach was qualitative and quantitative, structured into fve chapters: the frst is the introduction, explaining the thematic relevance and methodology; the second deals with the legal entity, emphasizing the formal criteria for its creation and the diference between de facto society, business, and association and the implication of the consumer relationship; the third addresses the association with its formation and mutualistic system and jurisprudential tabulation; the fourth is the conclusion; and the ffth includes the references. The research results confrm the non-application of consumer relations to the relationships between members and associations, based on material criteria and recent jurisprudential understandings of the Court of Justice of Santa Catarina. The conclusion calls for decisions to confrm the jurisprudential orientation, establishing a thesis both in the small claims court and in the civil law chambers to favor legal certainty.