Editing Consumer Defense Code (section)

== Legal Warranty ==
In Brazil, the warranty periods established by the consumer code are directly related to the type of product or service purchased and the nature of the defect presented. Article 26 of the CDC states that consumers have the right to complain about apparent or easily detectable defects within 30 days for non-durable goods and services, such as food, cosmetics, or cleaning products, which are consumed by its nature. For durable goods and services like appliances, vehicles, or furniture, for example, the period is 90 days. These deadlines begin from the actual delivery of the product or the completion of the service.<blockquote>'''Art. 26.''' The right to complain about apparent or easily detectable defects expires in:

'''I -''' thirty days, in the case of provision of services and non-durable products;

'''II -''' ninety days, in the case of provision of services and durable products.</blockquote>Additionally, once a formal complaint is made to the supplier, the deadline is suspended until a clear and definitive response is provided. This suspension ensures that the consumer is not penalized by delays in the analysis or resolution of the issue:<blockquote>'''§ 1st''' The counting of the limitation period begins from the effective delivery of the product or the completion of the execution of the services.

'''§ 2nd''' The following prevent forfeiture:

'''I -''' the complaint demonstrably made by the consumer to the supplier of products and services until the corresponding negative response, which must be transmitted unequivocally;

<s>'''II -''' (Vetoed);</s>

'''III -''' the initiation of a civil inquiry, until its conclusion.</blockquote>It’s important to note that these deadlines refer to the so-called legal warranty, which exists regardless of any contract or additional terms. Even if the supplier offers a contractual or extended warranty, the legal warranty remains valid and mandatory. Once the legal period expires without any action from the consumer, the right to claim for the defect is lost, except in exceptional cases provided by law.

However, when the defect is hidden, that is, not immediately noticeable, the period begins when the defect becomes evident to the consumer:<blockquote>'''§ 3rd''' In the case of a hidden defect, the limitation period begins at the moment the defect becomes evident.</blockquote>The warranty against hidden defects is one of the most important consumer protection tools, as it acknowledges that not all problems in a product or service are perceptible at the time of purchase. Unlike apparent defects, which can be identified shortly after use, hidden defects only manifest over time - such as structural failures in vehicles, issues in heating systems that emerge only in winter, or malfunctions in electronics that arise after continuous use.