Consumer Defense Code: Difference between revisions

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The [https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm Consumer Defense Code] (CDC) of Brazil, english for "Código de Defesa do Consumidor" enacted by former president Fernando Collor, on September 11, 1990 as Federal Law No. 8.078, establishes comprehensive norms for consumer protection. It characterizes consumer rights as issues of public order and social interest, ensuring that products and services offered in the market do not pose risks to consumers’ health or safety. The Code provides a detailed regime of sanctions and administrative infractions for suppliers who violate its provisions, as well as procedural rules for both administrative and judicial enforcement of consumer rights. In line with the principle of ''lex specialis'', the Code takes precedence over the Civil Code in matters of consumer relations. Before this law, consumer rights in Brazil were scattered across isolated statutes.

The [https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm Consumer Defense Code] (CDC) of Brazil, english for "''Código de Defesa do Consumidor''", enacted by former president Fernando Collor, on September 11, 1990 as Federal Law No. 8.078, establishes comprehensive norms for consumer protection. It characterizes consumer rights as issues of public order and social interest, ensuring that products and services offered in the market do not pose risks to consumers’ health or safety. The Code provides a detailed regime of sanctions and administrative infractions for suppliers who violate its provisions, as well as procedural rules for both administrative and judicial enforcement of consumer rights. In line with the principle of ''lex specialis'', the Code takes precedence over the Civil Code in matters of consumer relations. Before this law, consumer rights in Brazil were scattered across isolated statutes.

==Brief history==

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==Definitions==

The most important definitions are all set out in ~~articles~~ 2nd and 3rd of the code.

The most important definitions are all set out in Articles 2nd and 3rd of the code.

What is considered a '''consumer'''?<blockquote>'''Art. 2nd''' Consumer is any natural or legal person who acquires or uses a product or service as the final recipient.

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==Basic Rights==

Brazilian consumers are safeguarded by a set of fundamental rights enshrined in the CDC, which aim to balance the consumer-business relationship and ensure dignified treatment at every stage of purchasing and using products and services:<blockquote>'''Art. 6th''' The basic rights of the consumer are:

Brazilian consumers are safeguarded by a set of fundamental rights enshrined in the Article 6th of the CDC, which aim to balance the consumer-business relationship and ensure dignified treatment at every stage of purchasing and using products and services:<blockquote>'''Art. 6th''' The basic rights of the consumer are:

'''I -''' the protection of life, health and safety against risks caused by practices in the supply of products and services considered dangerous or harmful;

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'''XII -''' the preservation of the existential minimum, in accordance with the regulations, in the renegotiation of debts and in the granting of credit;

'''XIII -''' the information about the prices of products per unit of measurement, such as per kilo, per liter, per meter or per other unit, as applicable.</blockquote>Last but not least, the next article establishes that the rights it provides are not exhaustive, allowing for other legal guarantees from various national and international regulatory sources. This openness reinforces the principle of maximum consumer protection, preventing gaps in the law from being interpreted to the detriment of the rights of users of goods and services:<blockquote>'''Art. 7th''' The rights provided for in this code do not exclude others arising from international treaties or conventions to which Brazil is a signatory, from ordinary domestic legislation, from regulations issued by competent administrative authorities, as well as those derived from general principles of law, analogy, customs and equity.</blockquote>

'''XIII -''' the information about the prices of products per unit of measurement, such as per kilo, per liter, per meter or per other unit, as applicable.</blockquote>Last but not least, the next article establishes that the rights it provides are not exhaustive, allowing for other legal guarantees from various national and international regulatory sources. This openness reinforces the principle of maximum consumer protection, preventing gaps in the law from being interpreted to the detriment of the rights of users of goods and services, as brought on the Article 7th:<blockquote>'''Art. 7th''' The rights provided for in this code do not exclude others arising from international treaties or conventions to which Brazil is a signatory, from ordinary domestic legislation, from regulations issued by competent administrative authorities, as well as those derived from general principles of law, analogy, customs and equity.</blockquote>

== 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.

==References==

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-The [https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm Consumer Defense Code] (CDC) of Brazil, english for "Código de Defesa do Consumidor" enacted by former president Fernando Collor, on September 11, 1990 as Federal Law No. 8.078, establishes comprehensive norms for consumer protection. It characterizes consumer rights as issues of public order and social interest, ensuring that products and services offered in the market do not pose risks to consumers’ health or safety. The Code provides a detailed regime of sanctions and administrative infractions for suppliers who violate its provisions, as well as procedural rules for both administrative and judicial enforcement of consumer rights. In line with the principle of ''lex specialis'', the Code takes precedence over the Civil Code in matters of consumer relations. Before this law, consumer rights in Brazil were scattered across isolated statutes.
+The [https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm Consumer Defense Code] (CDC) of Brazil, english for "''Código de Defesa do Consumidor''", enacted by former president Fernando Collor, on September 11, 1990 as Federal Law No. 8.078, establishes comprehensive norms for consumer protection. It characterizes consumer rights as issues of public order and social interest, ensuring that products and services offered in the market do not pose risks to consumers’ health or safety. The Code provides a detailed regime of sanctions and administrative infractions for suppliers who violate its provisions, as well as procedural rules for both administrative and judicial enforcement of consumer rights. In line with the principle of ''lex specialis'', the Code takes precedence over the Civil Code in matters of consumer relations. Before this law, consumer rights in Brazil were scattered across isolated statutes.
 ==Brief history==
@@ Line 11: / Line 11: @@
 ==Definitions==
-The most important definitions are all set out in articles 2nd and 3rd of the code.
+The most important definitions are all set out in Articles 2nd and 3rd of the code.
 What is considered a '''consumer'''?<blockquote>'''Art. 2nd''' Consumer is any natural or legal person who acquires or uses a product or service as the final recipient.
@@ Line 20: / Line 20: @@
 ==Basic Rights==
-Brazilian consumers are safeguarded by a set of fundamental rights enshrined in the CDC, which aim to balance the consumer-business relationship and ensure dignified treatment at every stage of purchasing and using products and services:<blockquote>'''Art. 6th''' The basic rights of the consumer are:
+Brazilian consumers are safeguarded by a set of fundamental rights enshrined in the Article 6th of the CDC, which aim to balance the consumer-business relationship and ensure dignified treatment at every stage of purchasing and using products and services:<blockquote>'''Art. 6th''' The basic rights of the consumer are:
 '''I -''' the protection of life, health and safety against risks caused by practices in the supply of products and services considered dangerous or harmful;
@@ Line 46: / Line 46: @@
 '''XII -''' the preservation of the existential minimum, in accordance with the regulations, in the renegotiation of debts and in the granting of credit;
-'''XIII -''' the information about the prices of products per unit of measurement, such as per kilo, per liter, per meter or per other unit, as applicable.</blockquote>Last but not least, the next article establishes that the rights it provides are not exhaustive, allowing for other legal guarantees from various national and international regulatory sources. This openness reinforces the principle of maximum consumer protection, preventing gaps in the law from being interpreted to the detriment of the rights of users of goods and services:<blockquote>'''Art. 7th''' The rights provided for in this code do not exclude others arising from international treaties or conventions to which Brazil is a signatory, from ordinary domestic legislation, from regulations issued by competent administrative authorities, as well as those derived from general principles of law, analogy, customs and equity.</blockquote>
+'''XIII -''' the information about the prices of products per unit of measurement, such as per kilo, per liter, per meter or per other unit, as applicable.</blockquote>Last but not least, the next article establishes that the rights it provides are not exhaustive, allowing for other legal guarantees from various national and international regulatory sources. This openness reinforces the principle of maximum consumer protection, preventing gaps in the law from being interpreted to the detriment of the rights of users of goods and services, as brought on the Article 7th:<blockquote>'''Art. 7th''' The rights provided for in this code do not exclude others arising from international treaties or conventions to which Brazil is a signatory, from ordinary domestic legislation, from regulations issued by competent administrative authorities, as well as those derived from general principles of law, analogy, customs and equity.</blockquote>
+== 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.
 ==References==