A boa-fé objetiva no código civil: Uma análise da relação contratual entre instituições financeiras e os aposentados beneficiários do INSS nas comarcas do interior do Maranhão

2017 
ABSTRACT: In this study we propose to analyze the contractual relationship between financial institutions and retirees beneficiaries of the INSS, having as a parameter the jurisdictional activity in counties of cities in the interior of Maranhao. The purpose of this analysis is focused on the perception of conduct, within the scope of the law of obligations, which occur without observance of the principle of objective good faith. Being a necessary and fundamental precept for the legitimacy of the contract, its approach is of great relevance in civil law, with practical effects on the dynamics of consumer law, and also, specific reflexes in the conjuncture of regulations of the social security legislation. The development of the context of these relations in this study occurs with the discussion of the social function of the contracts, expressed in the procedural systematics implemented in the first degree judgments and in the understanding of the State Court of Justice, in the context of the peculiarities of the agents involved, Beneficiaries of the INSS. In addition to the norm and doctrine, these jurisprudential records are especially prominent in this research, in order to demonstrate the processing of demands, whose universe of incidence is a reflection of social, economic, political and cultural determinants.
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