As falhas na prestação de serviços de telefonia no Brasil e o papel do controle jurisdicional na tutela dos consumidores

Abstract

Companies that offer telephony services in Brazil accumulate over time a range of complaints registered periodically in consumer protection agencies and are mainly related to the operation or quality of services provided to their consumers. Considering this information, the present work aims to analyze, through the deductive method, data related to the history of repeated failures in the provision of telephony services in Brazil and the statistics that demonstrate the number of consumeractions seeking to understand the relationship between them and the role of judicial control for the protection of these consumers. Then, in order to understand the reasons why judicial protection cannot be effective and put an end to this process of repeated injuries and accumulation of proceedings, the consequences of the slowness, underuse of class actions and the low value of compensation for moral damages for the performance of the guardianship employed will be analyzed by means of doctrinal study and legislation in force in the country, the consequences of the delay, the underuse of class actions and the low value of compensation for moral damages for the performance of the guardianship employed , as well as what can be done to get around this situation. Given the information collected throughout the research, it is concluded that, despite the amount of consumer ist actions involving telephone service operators in Brazil, the number of injured customers continues to rise, implying that the judicial protection applied in these consumer relations is not being able to cause disincentives to the practice of new offenses.