Consumer Defense Code: Difference between revisions

'''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>

The consumerist code represents a milestone in the consolidation of consumer rights in Brazil, offering effective legal instruments to ensure safety, quality, and transparency in consumer relations. Among the most relevant provisions are Articles 12 to 17, which address liability for product or service, and Articles 18 to 25, which address liability for product or service defects.

While liability for harm caused by defective products or services refers to damages caused by defects that endanger the health or safety of the consumer - such as accidents caused by dangerous products or poorly executed services - liability for defective products or services relates to failure to perform as expected, such as products with manufacturing defects or services that do not meet their promises.

The Article 12 establishes that the manufacturer, producer, builder, and importer are strictly liable for damages caused to the consumer by product defects, regardless of fault. In other words, if the product has a defect that causes harm to health, safety, or physical integrity, the consumer is entitled to compensation, even if the supplier did not act negligently or in bad faith:<blockquote>'''Art. 12.''' The manufacturer, producer, builder, national or foreign, and the importer are liable, regardless of the existence of fault, for the repair of damages caused to consumers by defects arising from the design, manufacture, construction, assembly, formulas, handling, presentation or packaging of their products, as well as for insufficient or inadequate information about their use and risks.

'''II -''' the exclusive fault of the consumer or third party.</blockquote>Unlike other service providers, if the service provider is a self-employed professional, their liability requires verification of fault:<blockquote>'''§ 4th''' The personal liability of independent professionals will be determined by verifying fault.</blockquote>This article establishes that anyone who suffers damages caused by a defective product or service - even if they did not purchase or contract it directly - is considered a consumer for legal protection purposes. In other words, the victim of a consumer accident is also protected by the CDC, even if they have no contractual relationship with the supplier:<blockquote>'''Art. 17.''' For the purposes of this Section, all victims of the event are considered consumers.</blockquote>

The Article 18 deals with the liability of suppliers when the product or service presents a defect, that is, a defect that compromises its quality, safety or functionality, without necessarily causing harm to health or physical integrity:<blockquote>'''Art. 18.''' Suppliers of durable or non-durable consumer products are jointly and severally liable for defects in quality or quantity that make them unsuitable or inadequate for the intended use or that reduce their value, as well as for those arising from disparity with the indications on the container, packaging, labeling or advertising message, respecting variations arising from their nature, and the consumer may demand the replacement of the defective parts.</blockquote>When the product or service presents a defect, the supplier has a maximum period of 30 days to solve it, as long as it is within the warranty period:<blockquote>'''§ 1st''' If the defect is not remedied within a maximum period of thirty days, the consumer may demand, alternatively and at his/her choice:

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[[Category:Legislation]]

[[Category:Legislation in Brazil]]