Consumer Defense Code: Difference between revisions

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==Basic Rights==

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:

<ref group="I'm just a Brazilian Lawyer">'''The Principle of Hyposufficiency (Hipossuficiência) in Brazilian Consumer Law'''

The principle of '''Hyposufficiency''' ('''Hipossuficiência''') in Brazilian Consumer Law is a fundamental concept, closely linked to the principle of '''Vulnerability''' ('''Vulnerabilidade'''). It serves as a mechanism to balance consumer relations, which are inherently unequal.

Here is an explanation of the principle, broken down into points for easier understanding:

'''1. Legal Basis (Foundation):''' The principle of Hyposufficiency is established in the Brazilian Consumer Defense Code (Law No. 8.078/90), specifically in '''Article 6, VIII''', which provides for the facilitation of consumer rights defense, '''including the inversion of the burden of proof''' ('''inversão do ônus da prova''') in their favor, whenever the claim is deemed plausible ('''verossímil''') or when the consumer is considered '''hyposufficient''' ('''hipossuficiente'''), at the judge's discretion.

'''2. Difference from Vulnerability:'''

'''- Vulnerability:''' This is the absolute legal presumption that the consumer is the weaker party in the consumption relationship (a matter of '''Substantive Law'''). Every consumer is, by law, vulnerable (whether technically, legally, or economically).

'''- Hyposufficiency:''' This is a '''factual and procedural''' situation that must be analyzed by the judge on a case-by-case basis. It occurs when the consumer's ability to defend themselves is compromised, representing more than just vulnerability.

'''3. Types of Hyposufficiency:''' Hyposufficiency can be of different natures, most often manifesting as:

'''- Technical/Informational:''' The consumer lacks the technical knowledge or necessary information (about the product, service, or the legal process) to produce evidence or adequately defend their rights against the supplier, who controls the data and ''know-how''.

'''- Economic:''' The consumer's financial difficulty in covering the costs of a judicial process (although, in the context of the CDC, the technical hyposufficiency is more relevant for the inversion of the burden of proof).

'''4. Main Consequence (Inversion of the Burden of Proof):'''

- The main practical effect of recognizing hyposufficiency, at the judge's discretion, is the '''Inversion of the Burden of Proof'''.

- Normally, the party who makes a claim must prove the facts constituting their right (the consumer would prove the damage and the fault).

- With the inversion, the burden of proving that the consumer's allegation '''is not true''' or that the service/product was provided correctly, shifts to the '''supplier''' (the stronger party who usually has easier access to the necessary documents and data).

- This aims to guarantee access to justice and procedural equality, overcoming the consumer's difficulty in producing what is sometimes called "diabolical proof" ('''prova diabólica''').

'''5. Assessment in the Specific Case:''' Hyposufficiency is '''not automatic'''. The judge must analyze whether, within the context of that specific lawsuit and the consumer's claim, their defense capability is genuinely impaired relative to the supplier's power.

In summary, the principle of Hyposufficiency is the basis for the procedural tool of the '''Inversion of the Burden of Proof''', ensuring that the consumer, despite being the party at a factual and technical disadvantage, has a facilitated defense and the opportunity to seek justice effectively.</ref>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 24: / Line 24: @@
 ==Basic Rights==
-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:
+<ref group="I'm just a Brazilian Lawyer">'''The Principle of Hyposufficiency (Hipossuficiência) in Brazilian Consumer Law'''
+The principle of '''Hyposufficiency''' ('''Hipossuficiência''') in Brazilian Consumer Law is a fundamental concept, closely linked to the principle of '''Vulnerability''' ('''Vulnerabilidade'''). It serves as a mechanism to balance consumer relations, which are inherently unequal.
+Here is an explanation of the principle, broken down into points for easier understanding:
+'''1. Legal Basis (Foundation):''' The principle of Hyposufficiency is established in the Brazilian Consumer Defense Code (Law No. 8.078/90), specifically in '''Article 6, VIII''', which provides for the facilitation of consumer rights defense, '''including the inversion of the burden of proof''' ('''inversão do ônus da prova''') in their favor, whenever the claim is deemed plausible ('''verossímil''') or when the consumer is considered '''hyposufficient''' ('''hipossuficiente'''), at the judge's discretion.
+'''2. Difference from Vulnerability:'''
+'''- Vulnerability:''' This is the absolute legal presumption that the consumer is the weaker party in the consumption relationship (a matter of '''Substantive Law'''). Every consumer is, by law, vulnerable (whether technically, legally, or economically).
+'''- Hyposufficiency:''' This is a '''factual and procedural''' situation that must be analyzed by the judge on a case-by-case basis. It occurs when the consumer's ability to defend themselves is compromised, representing more than just vulnerability.
+'''3. Types of Hyposufficiency:''' Hyposufficiency can be of different natures, most often manifesting as:
+'''- Technical/Informational:''' The consumer lacks the technical knowledge or necessary information (about the product, service, or the legal process) to produce evidence or adequately defend their rights against the supplier, who controls the data and ''know-how''.
+'''- Economic:''' The consumer's financial difficulty in covering the costs of a judicial process (although, in the context of the CDC, the technical hyposufficiency is more relevant for the inversion of the burden of proof).
+'''4. Main Consequence (Inversion of the Burden of Proof):'''
+- The main practical effect of recognizing hyposufficiency, at the judge's discretion, is the '''Inversion of the Burden of Proof'''.
+- Normally, the party who makes a claim must prove the facts constituting their right (the consumer would prove the damage and the fault).
+- With the inversion, the burden of proving that the consumer's allegation '''is not true''' or that the service/product was provided correctly, shifts to the '''supplier''' (the stronger party who usually has easier access to the necessary documents and data).
+- This aims to guarantee access to justice and procedural equality, overcoming the consumer's difficulty in producing what is sometimes called "diabolical proof" ('''prova diabólica''').
+'''5. Assessment in the Specific Case:''' Hyposufficiency is '''not automatic'''. The judge must analyze whether, within the context of that specific lawsuit and the consumer's claim, their defense capability is genuinely impaired relative to the supplier's power.
+In summary, the principle of Hyposufficiency is the basis for the procedural tool of the '''Inversion of the Burden of Proof''', ensuring that the consumer, despite being the party at a factual and technical disadvantage, has a facilitated defense and the opportunity to seek justice effectively.</ref>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;