ABUSO DE DIREITO E O CÓDIGO DE DEFESA DO CONSUMIDOR: UMA ANÁLISE DA COBRANÇA DIFERENCIADA DE PREÇOS À LUZ DO SUPERIOR TRIBUNAL DE JUSTIÇA.

This work brings about an examination over the Superior Court of Justice's contemporary comprehension concerning the labeling of price discrepancy under the abusive practice category for rewarding money payment over credit card financial retribution. To attain this purpose, it synthesizes the notion employed during the appeal n. 1.178.360/SP, October 5th, 2010, of lack of legal barrier regarding price disparity, in contrast with the subject matter discussed on trial n. 1.479.039/MG, October 6th, 2015, where the price distinction practice was classified as law abuse. Based on article 187 of the Civil Code's general clauses of good faith and unjust enrichment, it aims on evaluating the lack of thoroughgoingness of the abusive practices tabulation on article 39, Law n. 8.078/1990 (Consumer Protection Code), to establish the price differentiation conduct as an abusive practice. [ABSTRACT FROM AUTHOR]