NUDGE AND INFORMATION: DECISION MAKING AND “AVERAGE MAN”

Abstract

In this paper the authors seek to analyze if the new contributions about human decision making had any impact on the Brazilian Civil Code and Consumer Protection Law. Comparing the two statutes, the authors will also verify which is the best mechanism (void, nudges, disclosure) to use a better understanding of human decision making to improve the decisions with repercussions on private law. The paper is insert in the field of Law & Society and was developed through the critical analysis of the most important Brazilian statutes on private law. As a conclusion, the authors suggest that the mechanisms that lead to the annulment of contracts is insufficient to incorporate the new findings on human decision making into private law and therefore must be conjugated with other mechanisms, such as nudges and disclosure.

Brazilian private law; contracts; decision making; nullity; nudges