In the current legal system, the right of repentance / withdrawal or right of reflection is positivated in art. 49 of Law 8.078 / 1990 (Consumer Defense Code) and also in Decree 7.962 / 2013, which specifically regulated legal businesses concluded by the Internet.

Art. 49 of Law 8.078 / 1990 guarantees the consumer for the seven-day period to give up the contract, immotively (without the need for any justification), when the legal business is concluded outside a commercial establishment.

Currently, a series of internet hirings are made. Among the Celebration Legal Business online , one that takes on great importance is the bank loan, made directly by the services of Internet Banking . The operation carried out, the consumer obtains the value hired immediately in his bank account, assuming the counterprint of payment for return in parceled form, as a rule.

Obviously the consumer, when regretting a loan hiring, should immediately return to the supplier the amount received in the transaction. Thus, both client and bank, will return to status prior to the legal business.

The application of the right of repentance in these cases was discussed by the Superior Court of Justice at the trial of the Special resource 930.351 / SP [1], in which the Minister Rapporteur, Nancy Andrighi, based on the summary STJ 297 [2], applied art. 49 of Law 8.078 / 90 (Code of Consumer Protection) to a guaranteed financing agreement for fiduciary alienation. According to the Minister, the repentance clause is implicit to the financing contract, positioning in which it was accompanied by the other judge ministers, with unanimous verdict.

Decree 7.962 / 2013, which passed to the date later than that of the STJ's mentioned precedent, in dealing with the right of repentance, not only guarantees to the consumer, but also imposes on suppliers to observance of various contractual care respect for this warranty.

Among the care to be adopted under the optics of Decree 7.962 / 2013, we can highlight the following [3]:

• Visible information and easy access to the consumer. Among them we can highlight, for example: address of the company; CNPJ; contact details; All fees and additional values ​​for service or product; Detail of service or product; Easy understanding language;
  • facilitated care, there should be a communication channel in case of doubts or problems in the hiring / purchase of the service or product; and
    • The right of repentance must be clear at the time of hiring and visible at the electronic address, not imposing the customer any financial burden at the time of cancellation of the contracted service;

      It is noticed that even in the hypotheses of repentance covered by Decree 7.962 / 2013, the right of withdrawal remains with its characteristic of unnecessity of motivation or justification. Thus, said care that such a rule imputs to suppliers are related to objective good faith, that is, at the duty of loyalty / clarity in transactions. Thus, although all forecasts of Decree 7.962 / 2013 have been met by the supplier, the consumer will subsist the possibility of repentance. The eventual disrespect for the requirements of the norm for the service Online can be able to make administrative penalties and / or give an indemnity claims against the provider.

      [1] https://ww2.stj.jus.br/revistaelectronica/abre_document.aspslink=atc&sseq=6443586&sreg=200700452193&sdata=20091116&stype=5&formato=pdf.
      [2] http: //www.stj .jus.br / Scon / Sumulas / TOC.JSPTIPO_Visualization = null & free = 297 & b = Sumu & thesaurus = Juridico
      [3] http://www.ecommercebrasil.com.br/artigos/lei-e-commerce-legislacao-to -Brir-a-store-virtual /