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The Office of Injury in the Civil Code

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ABSTRACT: This study aims to deepen the knowledge of the injury in the current Civil Code. Search also explain its main features in an easy and intuitive to make its aims and enjoyable reading. Search always use simple language and able to facilitate their understanding by those unfamiliar with the legal science. Part of a brief historical overview, a brief description of the evolution of the injury to his prediction of the current Civil Code. Is not limited only to explore its forecast in the Civil Code, but briefly examines the issue from the viewpoint of the Consumer Defense Code. CONTENTS: INTRODUCTION, 1 Historical; 2 THE DEVELOPMENT OF INJURY IN BRAZILIAN LEGISLATION; 2.1 The lesion in the Consumer Defense Code, 3 CONCEPT OF INJURY; 4 STRUCTURE NECESSARY FOR IMPLEMENTATION OF THE INSTITUTE OF INJURY; 4.1 Assumption of existence; 4.2 Element objective ; 4.3 Requirement subjective; 5 CONSEQUENCE OF THE APPLICATION OF THE INSTITUTE OF INJURY IN CONTRACTS; 5.1 Business Legal nonexistent, invalid or voidable; CONCLUSION, REFERENCES. TEXT: Introduction to reveal his concern with the "just in the contract, consistent with the principles of Social Role of the Contract of Good Faith and aims, the new Civil Code includes the Office of the lesion as a defect of the Business Law, giving - as another form of protection for contractors. Contrary to what may seem, the Institute of injury is not new, because, with a little exaggeration, one can say that it is almost as old as the law codified. Of course, we can not fail to point out that over the centuries that went through the various stages and improvements, ranging from periods of strong focus subjectivism and other periods with trend more objective. Although there has been a tendency to exclude them from our right in the last century, it was never the case entirely, because despite having been out of the Civil Code of 1916, you could invoke it with other legal grounds. But now that the occupying resurges place among the tools available to curb abuses of law, undue enrichment and other issues that bring nothing beneficial to the evolution of our society. Certain is that the tendency to seek the fair and fair is not new, because even when it is sought and accepted as the greatest obligation of law pacta sunt servanda, the intention was always to achieve justice, even if that choice later has not been right throughout. After realizing that it was necessary to give a new-style contract, particularly notions of equanimity, justice and equity, fell to tolerate increasingly interventionist attitude of the State in private relations So, to better implement this intervention, it the need to explicitly recover the Institute of injury. So, embracing the fundamentals of national and foreign doctrine and case law, the current Civil Code brought the pictures in the body of the State of Danger (art. 156) and injury (Article 157). So confident that the deeper understanding of the Office of the lesion contributes to the achievement of justice, particularly the Contract, is to examine the figure of the lesion, particularly addressing its historical evolution, its characteristic elements, its distinctive features and their effects, aspects which we consider essential to take a reasonable view of the subject. 1 Historical In order to better understand the Office of the lesion, it is essential a brief overview of its evolution from the Roman law to our current Civil Code, addressing their unique and original ideas. Since the Roman people was what first made a clear distinction between the right and moral, bringing to light the legal autonomy and codifying the rules of conduct that they considered essential to its sustainability civilization, the starting point for the history not taken can be another than the Roman Law. The Law of XII tables contained in itself ideas and concepts simple and comprehensive, with the Pretoria, through their edicts, correct or remedy their deficiencies, giving protection to the rights recognized, but which were not expressed in law. Where was this building, we would say to "case law" that was the figure of the "refund" (restitutio in integrum), which shows a great resemblance to the current Office of the lesion, because in both there is the concern with equity, external in order to repair an injury. Despite the wording confusing, we can say that the origin of the Institute is to study the constitution of Diocletian and Maximilian, the year 285, consisting of a response given a certain "Lupus" in these terms: "Rem Maioris pretii si tu vel pater tuus minoris distraxerit, Humanum est, ut vel, pretium restituente you emptoribus, fundum venditum recipes, auctoritate intercedente judice, vel, si emptor elegerit, quod deest iusto pretio recipes. Minus autem pretium videtur that, if nec dimidia pars Pretti solute sit there " . The translation of that text is still not peaceful, with those that are filling gaps and removing words to make it easy to understand, but who gives us the pure and simple version is CAIO MARIO DA SILVA PEREIRA, see: "If you or your father have sold for a price less a thing of greatest price, is just that, you return the price to buyers, get the fund sold, the authority of the judge intervened, or if the purchaser prefers, get what you need to the fair price. Menor but presumed to be the price, if not half the real price was paid. " It is true that on account of bad writing and other historical factors have always existed great debates about the authenticity of the text inserted in the "Second Law", with those who say that there was graft in its content. Even if until now tried to remove them, but without success. Finally, the question remains today, and two alternatives are open: either actually came with the Constitution of Diocletian and Maximilian, or appeared in the sixth century with Justinian (Corpus iuris) to assign the creation of the Institute alfonsinos predecessors, using the interpolations comment. Overcome this issue, citing calls, with surprise, that the principle of human dignity so celebrated since that time was clear and applied to the point of justifying the undoing of a contract. This is because it is assumed that the sale was made for an amount less than half the fair price, was of necessity, to live, and humans that receive a replacement and to avoid a situation that lesionário use. So that this was the foundation of humanity, the doctrine has an exception to the rule of rescindibilidade value of sales made at less than half the fair price. Was the assumption that the seller be aware of the discrepancy between the fair and combined, and not driven by necessity, consent to the sale to be moved from intention to help the buyer. In this case, humanity is seen in reverse perspective, because those who sold cheap was not injured but, rather, was helping the buyer. Below, during the Middle Ages, with the strong influence of the Church in the State and the law, the Office of the lesion has developed with the addition of two more subjective nature of requirements, ie the existence of the intent and the "knowledge" of discrepancy between the fair and combined. After the French Revolution, the era of high inflation environment, which generated uncertainty in business, as prices rise dramatically, making it impossible to talk about injury. But despite all the situation is unfavorable to the Office, that was rooted in social conscience and is impossible to forget it, opening up, then a serious controversy about the desirability of maintaining or deviate from the legal world with the possibility of withdrawal on the injury. So, always aiming at the social function of contracts, Napoleon decided to maintain them for the real estate, because I believe there's public interest in order to have their private property. The Portuguese civil law base their whole theory about the injury in the texts of Justinian, with some characteristics originated in medieval times and canonical. Important features relate to the possibility of being claimed by the purchaser and applies to all other contracts, not only to contracts of sale. In Brazil, after the proclamation of Independence on 07.09.1822, was enacted laws establishing the validity of all legal rules in Portugal, the parties that had not been repealed. In various projects of the Civil Code of the injury issue was contested. Teixeira de Freitas, in his "Outline", also published in the nineteenth century, using an article to say that the injury, in itself, not viciava contracts. Felício of Santos, in his project to the government in 1881 offered the possibility of termination for injury, however, restricted to real estate sales and the only option of the seller. In same situation, was trying to code with the Project Coelho Rodrigues. Clovis Beviláqua keeping consistent with his views to the contrary, not included in your project. So, although the Commission Revisor had different views, sometimes for and sometimes against the injury, when the meeting of 31.12.1901 voted this part of the project, removed the articles that referred to the Office of the lesion. However, the Office of the lesion was too important to be removed finally the legal mother, it was not slow to return to a prominent role in contemporary Brazilian legislation, as will be studied below. 2 THE DEVELOPMENT OF INJURY IN BRAZILIAN LEGISLATION Despite the strong appeal of the Institute of social injury was not surprising that if the legislature of 1916 exclude the chance of defect in the legal business, because then the guiding concern was the stability of contracts, the which should stay away, including the interference of the government. What was needed was to formulate rules that better serve the social and moral order that permeated in the Institute study, but at the same time impair its applicability to concrete situations that had actually been moved by the spirit of fairness, or even with the intention of help. To make this possible would be necessary to establish a formula that is not limited to the simple fare of business. It would be necessary to go beyond even the mere idea of disproportion. Therefore, it was necessary to include the concept of injury, in addition to the objective requirement of disproportionality, the moral also other (subjective), embodied in the scope of preventing the abuse of economic superiority in the relationship, the unfairness, the opportunism of others. Finally, were those with difficulties, with these obstacles and solutions with those that the Office of Injury has taken center stage in our legal system, primarily through legislation sparse, to be finally established as a chance of defect in the Business Legal under current Brazilian Civil Code, as a vice of consent. But before there were laws to be codified and has predicted that the limits of this study, only two of the most important will be mentioned. Decree Law 869 of 1938, which governs crimes against popular economy, can be considered the standard first discovered the figure of the lesion, close to the way we know it today. That is what has [...] gain or provide in any contract, abuse of urgent necessity, inexperience or indiscretion of the other party, equity income in excess of the fifth current or fair value of the provision made or promised. We find the use of two criteria: the goal, represented by the charges of a "fifth" and subjective, extracted from the situation of opportunism and disloyalty. This rule has been repeated in Act 1521 of 1951 also deals with crimes against the popular economy and still exists today. So, even if related criminal matter, that can be considered the first law in the strict sense to have about the injury. During the previous Civil Code, the fact in itself no express provision of the Institute of injury was not reason to reject the cancellation of a contract known harmful. This is because the combined interpretation of art. 82 and 145, item II, the Civil Code of 1916 led to the conclusion that, if for the legal validity of the act was necessary "lawful object", as there was support the validity of the contract which shelters itself in a crime (against popular economy). So for a long time who may seek review of contract claim based on the Institute's injury should, in general, content themselves with the legal provisions mentioned above and with various doctrinal expressions that give life and always tried to emphasize the importance of this Institute in contractual relations. This until the rise of the Consumer Defense Code (Law 8078/90) from which the Office of the lesion started to occupy its deserved place among the possibilities for discussion of contracts. 2.1 The lesion in the Consumer Defense Code there who still maintains that the injury is not provided for in the Code of Consumer Protection, the current majority is significantly emphatic in advocating the opposite. For example, CAIO MARIO DA SILVA PEREIRA recognizing the Law 8078/90 "marked rise in enforcement practices lesional", stating that "although the law does not refer to the Office of the lesion, no points for missing, as the circumstances, power be considered present etiological elements characteristic of the institute. " Not that the Code Consumerista has not provided the Office of the lesion, which was not made reference to "express" the same as in the current Civil Code, but on the other hand, described its elements, allowing their easy verification. This code is a reflection of how the dogma of inalterability of the contracts was "sheik" and evolved as the Brazilian legislation to combat practices that are detrimental contrapunham the idea of a just society as envisaged by the preamble of the Constitutional Charter in force. Most species Consumerista contract is governed by the Code, without doubt, one of "accession", as is where is the biggest source of abuse, injustice and disproportionately common to any business in which a party is numb their autonomy and their ability to "discuss" the terms of the deal and, simply, "accept" or "refuse." In the midst of Law Consumerista wins important figure of the "unfair terms", which hold within them the source (origin) of the injured. Indeed the term "abuse" (contract abuse) is also the ideas of "disproportionate", "opportunism" and "unfairness" in the Institute of injury since its beginning. So that is where the art. 51, item IV of the CDC says are no contractual obligations to establish "unfair, placing the consumer at a disadvantage exaggerated", is clearly moving the injured from the attitude of consumption. Consider it, too, that the Consumer Defense Code allows for the review of contracts based on their harmful art. 6, item V ("... establish disproportionate benefits ..."); art. 39, item V ("... advantage clearly excessive. ") And art. 51, item IV ("... establish obligations considered unfair, abusive, placing the consumer at a disadvantage exaggerated ..."). The item V of art. 6 states: V - the modification of contractual benefits disproportionate to establish or review on account of supervening events that make it too expensive; In spite reviews of weight, such as CAIO Mário da Silva Pereira, who argue that this device brings only a single standard, ie a contract lesionário not in its origin, but, by subsequent events, so it is may be revised, not inconsistent with this idea. It seems, when reverence that this device should be divided into two parts, the first step in providing a clear picture of the lesion (... modification of contractual establish disproportionate benefits ...), and in the Theory of Imprevisão (... review due to supervening facts that become too expensive ...), but not a mixed of both, this is where the classical distinction about the time when there is imbalance, it is also extracted this item . Finally, the importance of the Consumer Defense Code in this phase of resurgence of the Office of Injury in the Brazilian legislation is significant, because its root protectionist does doubt about the intention to curb contractual practices which depart from the spirit of fairness, good - faith and fairness. 3 CONCEPT OF INJURY In order to assist in the conceptualization of the injury, it is important to describe some of the definitions provided by teachers of the law. Damage is thus the prejudice resulting from the huge disparity between the benefits of a contract at the time of its conclusion, determined by the pressing need or inexperience of a party. (ROBERTO CARLOS GONÇALVES) In this sense, we can define injury as the imbalance of supply and contract contraprestações a switch, so that results, if implemented in a disproportionate burden for a party to the benefit of another. (Hanna Izner Garcia) The lesion appears as one of the vices of legal transactions, a defect of will, which occurs when someone takes advantage of the urgent need of others or their inexperience, to impose a manifestly disproportionate to the benefit consideration. (Sylvio Capanema de Souza) Business defective in one of the parties, abusing the lack of urgent need or the other, you get the advantage clearly disproportionate benefit from the provision, or unreasonably exorbitant within normal limits. (Arnaldo Rizzardo) [...] the injury resulting from the disparity between the benefits of a legal transaction, in light of abuse of inexperience, economic need or indiscretion of one of the declarants. (Pablo Stolze Gagliano and Rodolfo Son Pamplona) the injury is, therefore, the economic damage that results from the disproportionality between the benefits of a contract or, in other words, a party receives less than what actually gives in return. (Antonio Junior Lake) It appears that the various doctrines, even though they relate to the same Office, using slightly different terms and can give it too many clothes. Note, for example, that the disproportion in the field, some refer to "huge disparity" while the other "unbalanced." This leads to different conclusions because the term "great disparity" conveys the idea that the injustice of the securities agreed to be much stronger than a mere "imbalance." The same applies to the settings that limit the applicability of the "contracts", while others cite the "commutative contracts" or the "legal transactions", each of these expressions with their own consequences, to broaden or restrict the scope of application of the injury. It is also indoctrinated that some require a more active that it is received by the situation. For example, SYLVIA CAPANEMA ARNALDO DE SOUZA and Rizzardi, who use the words "... if someone takes the urgent need of others ..." and "... a party abusing the inexperience or urgent need ..." (labels), respectively. The need for a party that it intends to take advantage of the other, (intent to use), there are differences. ROBERTO CARLOS GONÇALVES, and Antonio Garcia IZNER HANNA LAKE JÚNIOR not include this requirement in its concepts presented. But on the other hand, Sylvia CAPANEMA DE SOUZA ARNALDO RIZZARDI and make clear its position, to require that there is an intention to locupletar. All this is best discussed below, when dealing with the requirements and objective and subjective elements of the Office of the lesion. The legal concept of the Institute is provided by Article 157 of Civil Code: Article 157. The injury occurs when a person under urgent necessity, or inexperience, is to provide clearly disproportionate to the value of providing opposite. The injury occurs, therefore, when a person in a condition of inferiority due to a pressing need or inexperience, a bilateral contract and agreement in consideration that its provision is manifestly disproportionate to the value of the consideration agreed. In these concepts there is clearly the existence of objective and subjective requirements that need to be met in order to configure the occurrence of the Office of the lesion. 4 REQUIREMENTS FOR IMPLEMENTATION OF THE INSTITUTE OF INJURY Assumption 4.1 The prerequisite for the implementation of the lesion, as seen in case what is necessary "there before" or, "pre-exist," is that the injury occurred in a contract. Since we understand the business of contract law by which two or more persons create, modify, retain or extinguished rights. Not consistent with the idea that simply the existence of a "legal business" in the broad sense, he would also cover the Declarations as wills and codicil, in which there figures applies to the Office of the lesion. Furthermore, it is also true that the term "contract" is generic, there are several species which does not apply in the Office of the lesion, such as contracts and free up the unilateral. So best is to say that this applies to the bilateral contracts, expensive and, in principle, the commutative, since it maintains its current application to contracts also random. In spite of the examples commonly refer to cases of sale, the Office of injury applies to many other contracts, since they are present all the characteristic features and requirements. In the case of Exchange or a similar exchange with the Purchase and Sale is such that the actual Article 533, caput, the says. It is not that the contracts for instant execution, and perfectly appropriate in the implementation of continuous and deferred. This occurs in the case of the lease, service, construction and mutual. There are the cases of contracts which are free by nature (these do not apply because, in general, are unilateral), but admit that stipulation of remuneration, in which case will allow the withdrawal or revision in the face of injury. It is the case for the deposit of trust and mandate paid. However, it is clear that these contracts (lease, service, guarantee, contract, deposit and mandate paid) is certainly more rare the presence of the elements and meet the requirements for implementation of the Office of the lesion. Finally, a prerequisite for application of a lesion of the bilateral contract, and costly, usually switch. Element 4.2 Purpose The purpose of the element of injury is the "disproportionality". Moreover, it summarizes the whole essence of this defect in the legal business. There is even indoctrinated that all reference to the disparity (1st huge disproportion; 2nd manifestly disproportionate and 3rd prohibitively exorbitant), which demonstrates its importance to the Institute. When ROBERTO CARLOS GONÇALVES uses the word "huge disparity" makes clear that the disparity must be "clear and exaggerated, unacceptable to the moral and ethical principles that move consciences," explaining further that is distinct from the "enormous damage" of Roman Law, although the proximity of words. SYLVIA CAPANEMA justifies the term "manifestly disproportionate" saying "is not any disproportion that typify the defect of the injury" and that it is for the Judge "anchored in the common experience of the facts of life" is the case whether or not to invalidate the contract. ARNALDO RIZZARDI explains the term "unreasonably disproportionate" saying they should be excluded from the desproporções small and negligible differences, but without coupling to a particular rate or degree of correlation. Note that while there is no pre-set a value for characterization of disproportion, or a tariff, there is need to clear that jump to the eyes, or that cause "shock the conscience" (shock the conscience) hurting the sensitivity of the judge, as explained MARCIO MELLO CASADO. CAIO MÁRIO teaches that the judge assess the fair value through data and evidence brought by the parties, the author recognizes that this is an obvious question fática and be subject to the judge arbitrium boni viri, because consider each case based on its good sense. As to when to check if the disproportion there is unanimity in that it must be the time when the contract was concluded, ie, when there was a convergence of expressions of willingness to make the pact, as explained in paragraph 1 Article 157 of the Civil Code. However, a disproportion after the formation of the contract would be more related to external factors and probably would be if the theory of Imprevisão. Moreover, this is one of the most striking distinctions between these two institutes, ie the time when there is disproportion. According CAIO MÁRIO determining the time that should be considered the disproportion is particularly important when faced with a scenario of inflationary economy. 4.3 The subjective requirement expresses occurred disproportion between supply and consideration of a contract alone is able to characterize an "injury" to property. However, for this injury is able to justify the undoing of a contract or re presence is necessary, too, special situations of mind. That is, the need and the lack of contractual party. This urgent need is to be understood as to contract, and not as a synonym of hipossuficiência or poverty. There may be situations in which certain persons, though fortunate, are obliged to employ under conditions where there is a clear disproportion between the services. In the words of CAIO MÁRIO "need to be set in the impossibility of avoiding the contract, regardless of the financial condition of the victim. The inexperience is related to the lack of knowledge or skill for that particular transaction, and not with the lack of culture or knowledge. This is the case of a person with a doctorate in medicine, but, due to inexperienced, suffers injury in the lease countryside. Also important to highlight that some indoctrinated include subjective requirement as the "exploitation of the victim by lesionante" or "intent to use, it is also called. But there is unanimity in the literature because it is more a consequence of the contract lesionário than as a requirement for your configuration, because if a contract is required to provide disproportionate consideration, that a party exploits the other, because a contractor moved the good faith provision does not require exaggerated. ALVES MOREIRA The Minister explained that the code is not concerned with "punishing" the malicious attitude of the favored, but to protect the victim, saying that, contrary to what occurs with the state of danger, the damage even aware of the need or of inexperience is irrelevant. Moreover, require the contractor beneficiary has the intention to eventually use the application that the impossible given the difficulty of getting evidence of that state of mind, moreover, it would create a requirement that does not appear explicitly in the writing of Article 157 of the Civil Code. As recalled by the Minister ALVES MOREIRA, the Civil Code is not concerned with punishing the beneficiary, but to protect the injured. 5 IMPLICATIONS OF THE IMPLEMENTATION OF THE INSTITUTE OF INJURY IN CONTRACTS Once considered a prerequisite for the application of the injury, and his element objective and its subjective condition, it finds that the consequences of its application in a particular contract, in which the their plans the legal transaction is reached: existence, validity or effectiveness. The majority says that the current contract lesionário a natural consequence and its nullity is necessary, but there is no consensus about the basis for that conclusion. We believe that such invalidity stems from the fact the Office of the lesion be considered a defect of consent, and so classified because we believe that those acts propelled by urgent need or lack is with its declared intention of distorted its real intention. A Lesão atinge o contrato naquilo que lhe é, ao lado do agente e do objeto, o mais importante: a vontade. E é uma exigência do sistema jurídico que essa vontade seja expressa de forma relativamente livre, esclarecida e ponderada . Todavia, na doutrina especializada outras opiniões e fundamentos para se justificar a invalidade do contrato também são comuns, tais como o simples fato de haver previsão legal nesse sentido, ou ainda, por contrariar a boa-fé e a equidade, expressamente exigidas pelo atual Código, e até mesmo por haver uma falha na própria estrutura do contrato. Têm-se então três visões distintas (a. formal; b. social e c. material, respectivamente), as quais se completam, pois em determinada situação uma pode estar mais presente e em mais evidência que outra. 5.1 Negócio Jurídico Inexistente, Nulo ou Anulável Mesmo sendo considerado lesionário, o contrato não pode ser considerado como um negócio jurídico inexistente, porque não lhe falta qualquer de seus elementos. Apesar de proveniente de inexperiência ou premido de necessidade, o consentimento existiu e, segundo ensina FRANCISCO AMARAL que o "ato inexistente é aquele a que falta um elemento essencial à sua formação, não chegando a constituir-se". Segundo CARLOS ROBERTO GONÇALVES o negócio jurídico deve ser considerado nulo "quando ofende preceitos de ordem pública, que interessam à sociedade", mas em ocorrendo o contrário, ou seja, a ofensa atingir apenas o interesse particular das pessoas envolvidas, sem estar em jogo interesses sociais, tratar-se-á de negócio anulável. Essa última alternativa é justamente a hipótese da Lesão, pois em que pese haver um interesse público na função social do contrato, na equidade e na boa fé contratual, o que está em "jogo" é essencialmente particular. Diz o inciso II do artigo 171 do Código Civil Brasileiro: Art. 171. Além dos casos expressamente declarados na lei, é anulável o negócio jurídico: I - por incapacidade relativa do agente; II - por vício resultante de erro, dolo, coação, estado de perigo, lesão ou fraude contra credores. Nem poderia ser diferente. Uma das características dos negócios jurídicos nulos é sua impossibilidade de convalidação, ou seja, seu vício ou defeito é insanável, e o parágrafo segundo do artigo 157, do Código Civil possibilita afastar a anulação do contrato considerado lesivo caso o favorecido concorde em readequar equanimente seu proveito. Isso seria impossível se fosse considerado nulo. CARLOS ROBERTO GONÇALVES diz que a "anulabilidade visa, pois, à proteção do consentimento ou refere-se à incapacidade do agente". Portanto, se a lesão ocorre justamente por conta de uma mácula no consentimento dado por quem está premido de necessidade ou é inexperiente, acertada foi a solução do legislador. De qualquer forma, é muito mais útil à sociedade readequar um contrato do que simplesmente desfazê-lo. Enfim, em sendo a lesão considerada causa de anulabilidade, algumas características devem ser destacadas: a) a anulabilidade não poderá ser decretada de ofício, dependendo de provocação das partes (art. 177, CCB); b) somente quem alegou se aproveita dos efeitos da sua anulação, salvo hipótese de solidariedade ou indivisibilidade; c) o prazo decadencial é de quatro anos para se pleitear sua anulação, a contar do dia em que realizou o negócio jurídico (art. 178, inciso II, CCB); d) o contrato é considerado perfeito até a data de sua anulação, ou seja, os efeitos da sentença são ex nunc (sentença de natureza desconstitutiva), não retroagindo à data do negócio. CONCLUSÃO Ao término deste estudo, fica evidenciada a importância que o Instituto da Lesão atribui ao justo nas relações jurídico-contratuais. Após o fracasso do "modelo" de sociedade anterior (individualista, capitalista, patrimonialista etc.), mormente em relação ao Direito Contratual (pacta sunt servanda e autonomia da vontade), com o novo Código Civil abriu-se caminho para uma nova era em que os princípios da boa-fé e da eticidade ganham papel de destaque. A partir do reconhecimento de que as relações sociais são interligadas e que os atos praticados hoje trarão reflexos, imediatos ou futuros, não há que se falar em convalidar uma injustiça sem que isso traga conseqüências danosas para a sociedade, ou seja, não existe mais tolerância para negócios jurídico-contratuais movidos por oportunismos ou má-fé. Cabe aos profissionais do direito não restringirem, dificultarem, distorcerem ou omitirem a aplicação e a utilização do Instituto da Lesão, sob o argumento de que se trata de assunto doutrinariamente pouco "explorado" ou que não se tenham claros ainda todos seus aspectos, pois, como se demonstrou, existem diversos e bons estudos acerca desse tema, suficientes para fornecerem um conhecimento adequado acerca de tão importante Instituto. REFERÊNCIAS BIBLIOGRÁFICAS ALVES, José Carlos Moreira. A parte geral do projeto do código civil brasileiro. São Paulo: Saraiva. 1986. BRUECKNER, Max Carrion. - Termo de Conciliação Prévia: Eficácia Liberatória Geral e Lesão Enorme - Possibilidade de Invalidar a transação. Artigo publicado na Revista Síntese Trabalhista, n. 158, de agosto de 2002; CASADO, Márcio Mello. Considerações sobre a lesão nos contratos. Artigo publicado na RJ (Revista Jurídica) n. 226. Ago/1996. DINIZ, Helena Maria. Direito Civil Brasileiro. Volumes I e III, Editora Saraiva. 21ª Edição. São Paulo-SP, 2005. FERNANDES, Francisco e Pedro Luft, Celso. Dicionário Brasileiro Globo. Editora Globo. 29ª Edição, 1993. FIUZA, Ricardo. - Novo Código Civil Comentado. Editora Saraiva. 4ª Edição Atualizada. São Paulo-SP, 2005. FURLAN Cristina, Alessandra; WATZKO Marcelo; TORRES, Marcos e HENRIQUE, Rafael. Lesão nos Contratos. Artigo publicado na Revista de Ciência Jurídica Empresarial da UNOPAR. Londrina-PR, volume 4, março/setembro de 2003. GARCIA, Izner Hanna,. Lesão nos Contratos e Ação de Revisão. Doutrina e Jurisprudência. Editora Aide. 2ª Edição Atualizada e Ampliada. Rio de Janeiro-RJ, 2004. GONÇALVES, Roberto Carlos. Direito Civil Brasileiro. Volumes I, II e III, Editora Saraiva. 2ª Edição. São Paulo-SP, 2005. LAGO Júnior, Antônio. Lesão nos contratos após o advento da Lei n. 10.406, de 10 de janeiro de 2002 - Breves Notas. Artigo publicado na Revista do Curso de Direito da Universidade Salvador (UNIFACS), Volume 4, 2004; MARTINS, Jonair Nogueira. Teoria da Lesão Enorme: Incidente nos Contratos Bancários. Artigo disponível na Internet, página, a partir de fevereiro de 2004; NICOLAU, Gustavo Rene. Os negócios desequilibrados e sua invalidade. A lesão e o estado de perigo. In Revista IOB de Direito Civil e Processual Civil n. 42, Jul/Ago 2006, Editora Thomson IOB. PEREIRA, Caio Mário Silva. Lesão nos Contratos. Editora Forense. 6ª Edição. Rio de Janeiro-RJ, 2001. PIRAGIBE, Humberto Magalhães e PIRAGIBE Tostes Malta, Christovão. Dicionário Jurídico. Edições Trabalhistas S/A; RODRIGUES, Silvio. Direito Civil. Volumes I e III, Editora Saraiva. 28ª Edição. São Paulo-SP, 2002. SOUZA, Sylvio de Capanema. O impacto do novo código civil no mundo dos contratos. Artigo disponível na página, consultado em 10.08.2006. VENOSA, Silvio de Salvo. Direito Civil. Volumes I e III, Editora Atlas. 4ª Edição. São Paulo-SP, 2004.


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