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As novas modalidades de contrato e seus reflexos para pessoa física e jurídica.
(Universidade do Estado do Amazonas, 2024-02-08) Alencar, Carlos Gustavo Jeronimo de; Dias, André Petzhold; Albuquerque, Ricardo Tavares de; Ramos Junior, Dempsey Pereira
The contracts have always been present in human history, and have been the subject of many literary works; the most famous being the literary work “Faust”, by Johann Goethe. In this work, the principles of the contract are noted, being pacts that must be fulfilled (pacta sunt servanda), unless the original conditions change (rebus sic stantibus). In a similar way, in electronic contracts, large technology companies have fulfilled the function of Mephistopheles on legal relations, since their services -advantage, temptation- are only acquired through agreement with terms and conditions imposed on users. Taking the work as a reference, the main objective of this work is an interpretative analysis of the electronic contract, and its consequences, both for individuals and legal entities, focusing on legal transactions carried out with online platforms through the “Consent Terms”. Furthermore, it also seeks to demonstrate how the “Marco Civil da Internet” and the “Lei Geral de Proteção de Dados” (LGPD) impact the user-provider relationship, and how this relationship can be configured in the future.