Productive Deviation: Damage to useful time in consumer relations

Abstract

This paper examines civil liability within the context of consumer relations, focusing on the theory of "productive deviation" of consumers. The research highlights the concept of time as a valuable and finite resource, whose loss due to inefficiency in addressing consumer issues by suppliers is seen as compensable harm. By analyzing case law and complaint data from sectors such as telecommunications, energy, and financial institutions, the study demonstrates how this theory reinforces the need for efficient business practices and respect for consumers' time. The work is structured into three chapters, discussing the historical evolution of civil liability, the concept and applicability of the theory of productive deviation, and a critical analysis of Brazilian case law, particularly decisions by the Superior Court of Justice (STJ), which consolidate this theory within the Brazilian legal system.