Consumer Defense Code: Difference between revisions

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'''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>

== Protection Against Abusive Practices ==

== Consumer Protection ==

=== Against Abusive Practices ===

Abusive practices in consumer relations are prohibited by consumer law, subjecting the supplier who commits them to applicable civil and criminal sanctions.

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'''§ 3rd''' The consumer is not liable for any charges or additions arising from the contracting of third-party services not provided for in the prior budget.</blockquote>Concluding this section, the Article 41 deals with sanctions for abusive practices involving the supply of specific products or services that are subject to price control:<blockquote>'''Art. 41.''' In the case of supplying products or services subject to the price control or pricing regime, suppliers must respect the official limits, under penalty of not doing so, being liable for the refund of the amount received in excess, monetarily updated, and the consumer may demand, at his/her choice, the cancellation of the transaction, without prejudice to other applicable sanctions.</blockquote>

== ~~Protection~~ Against Abusive Clauses ==

=== Against Abusive Clauses ===

~~Abusive clauses in consumer contracts in consumer relations are prohibited by law and considered null and void, meaning they have no legal effect even if signed by the consumer.~~

As well as the Articles 39, the Article 51 specifies the exemplary list of abusive clauses that are null by right, but recognizing that other types of abuse may exist, always leaning towards consumer protection:<blockquote>'''Art. 51.''' The following contractual clauses relating to the supply of products and services are null and void, among others:

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'''II -''' restricts fundamental rights or obligations inherent to the nature of the contract, in such a way as to threaten its object or contractual balance;

'''III -''' is excessively burdensome for the consumer, considering the nature and content of the contract, the interests of the parties and other circumstances specific to the case.</blockquote>But, the code states, on the Second Paragraph of the same article, that the annulled clause does not invalidate the entire contract, unless without it it is not possible to maintain the agreement due to excessive burden on either party:<blockquote>'''§ 2nd''' The nullity of an abusive contractual clause does not invalidate the contract, except when its absence, despite integration efforts, results in an excessive burden on either party.</blockquote>Credit providers also have specific obligations to comply with, especially on the Article 52, informing the consumer about the details of the transaction:<blockquote>'''Art. 52.''' When providing products or services that involve granting credit or financing to the consumer, the supplier must, among other requirements, inform the consumer in advance and adequately about:

'''III -''' is excessively burdensome for the consumer, considering the nature and content of the contract, the interests of the parties and other circumstances specific to the case.</blockquote>But, the code states, on the Second Paragraph of the same article, that the annulled clause does not invalidate the entire contract, unless without it is not possible to maintain the agreement due to excessive burden on either party:<blockquote>'''§ 2nd''' The nullity of an abusive contractual clause does not invalidate the contract, except when its absence, despite integration efforts, results in an excessive burden on either party.</blockquote>Credit providers also have specific obligations to comply with, especially on the Article 52, informing the consumer about the details of the transaction:<blockquote>'''Art. 52.''' When providing products or services that involve granting credit or financing to the consumer, the supplier must, among other requirements, inform the consumer in advance and adequately about:

'''I -''' price of the product or service in national currency;

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'''Sole paragraph.''' The warranty term or equivalent must be standardized and adequately clarify the terms of the warranty, as well as the form, term, and place where it may be exercised, and the costs to be borne by the consumer. It must be delivered to the consumer, duly completed, by the supplier, at the time of delivery, accompanied by an instruction manual for installation and use of the product in educational language, with illustrations.</blockquote>This additional warranty is very common, for example, when the consumer is acquiring a household appliance, the common period is 1 year. That said, since the consumer code states that all the contratual clauses should be interpreted in favor of the consumer, if the supplier does not specify that the 1-year contractual warranty includes the 90-day legal warranty, the total warranty period will be 1 year and 90 days.

== Right to Repent ==

==Right to Repent==

Unless otherwise specified by the product or service provider, Brazilian consumers do not have the right to return products purchased in a physical store due to their own change of heart. However, they have the right to cancel the contract within 7 days of signing up for the service or receiving the product by mail, provided the acquisition has occurred outside the store, as presente on the Article 49:<blockquote>'''Art. 49.''' The consumer may withdraw from the contract within 7 days from the date of signature or receipt of the product or service, whenever the contract for the supply of products and services occurs outside the commercial establishment, especially by telephone or at home.</blockquote>The exercise of the right to repent is the consumer's prerogative, and the amounts must be returned immediately and monetarily updated, if necessary:<blockquote>'''Sole paragraph.''' If the consumer exercises the right of withdrawal provided for in this article, any amounts paid, for any reason, during the cooling-off period will be immediately refunded, monetarily adjusted.</blockquote>For example, if you go to a dealership and buy a vehicle, you don't have the right to change your mind. If you call the same dealership, buy the vehicle, and have it delivered to your home, you have the right to return it in the next 7 days.

@@ Line 48: / Line 48: @@
 '''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>
-== Protection Against Abusive Practices ==
+== Consumer Protection ==
+=== Against Abusive Practices ===
 Abusive practices in consumer relations are prohibited by consumer law, subjecting the supplier who commits them to applicable civil and criminal sanctions.
@@ Line 89: / Line 91: @@
 '''§ 3rd''' The consumer is not liable for any charges or additions arising from the contracting of third-party services not provided for in the prior budget.</blockquote>Concluding this section, the Article 41 deals with sanctions for abusive practices involving the supply of specific products or services that are subject to price control:<blockquote>'''Art. 41.''' In the case of supplying products or services subject to the price control or pricing regime, suppliers must respect the official limits, under penalty of not doing so, being liable for the refund of the amount received in excess, monetarily updated, and the consumer may demand, at his/her choice, the cancellation of the transaction, without prejudice to other applicable sanctions.</blockquote>
-== Protection Against Abusive Clauses ==
+=== Against Abusive Clauses ===
-Abusive clauses in consumer contracts in consumer relations are prohibited by law and considered null and void, meaning they have no legal effect even if signed by the consumer.
 As well as the Articles 39, the Article 51 specifies the exemplary list of abusive clauses that are null by right, but recognizing that other types of abuse may exist, always leaning towards consumer protection:<blockquote>'''Art. 51.''' The following contractual clauses relating to the supply of products and services are null and void, among others:
@@ Line 136: / Line 136: @@
 '''II -''' restricts fundamental rights or obligations inherent to the nature of the contract, in such a way as to threaten its object or contractual balance;
-'''III -''' is excessively burdensome for the consumer, considering the nature and content of the contract, the interests of the parties and other circumstances specific to the case.</blockquote>But, the code states, on the Second Paragraph of the same article, that the annulled clause does not invalidate the entire contract, unless without it it is not possible to maintain the agreement due to excessive burden on either party:<blockquote>'''§ 2nd''' The nullity of an abusive contractual clause does not invalidate the contract, except when its absence, despite integration efforts, results in an excessive burden on either party.</blockquote>Credit providers also have specific obligations to comply with, especially on the Article 52, informing the consumer about the details of the transaction:<blockquote>'''Art. 52.''' When providing products or services that involve granting credit or financing to the consumer, the supplier must, among other requirements, inform the consumer in advance and adequately about:
+'''III -''' is excessively burdensome for the consumer, considering the nature and content of the contract, the interests of the parties and other circumstances specific to the case.</blockquote>But, the code states, on the Second Paragraph of the same article, that the annulled clause does not invalidate the entire contract, unless without it is not possible to maintain the agreement due to excessive burden on either party:<blockquote>'''§ 2nd''' The nullity of an abusive contractual clause does not invalidate the contract, except when its absence, despite integration efforts, results in an excessive burden on either party.</blockquote>Credit providers also have specific obligations to comply with, especially on the Article 52, informing the consumer about the details of the transaction:<blockquote>'''Art. 52.''' When providing products or services that involve granting credit or financing to the consumer, the supplier must, among other requirements, inform the consumer in advance and adequately about:
 '''I -''' price of the product or service in national currency;
@@ Line 183: / Line 183: @@
 '''Sole paragraph.''' The warranty term or equivalent must be standardized and adequately clarify the terms of the warranty, as well as the form, term, and place where it may be exercised, and the costs to be borne by the consumer. It must be delivered to the consumer, duly completed, by the supplier, at the time of delivery, accompanied by an instruction manual for installation and use of the product in educational language, with illustrations.</blockquote>This additional warranty is very common, for example, when the consumer is acquiring a household appliance, the common period is 1 year. That said, since the consumer code states that all the contratual clauses should be interpreted in favor of the consumer, if the supplier does not specify that the 1-year contractual warranty includes the 90-day legal warranty, the total warranty period will be 1 year and 90 days.
-== Right to Repent ==
+==Right to Repent==
 Unless otherwise specified by the product or service provider, Brazilian consumers do not have the right to return products purchased in a physical store due to their own change of heart. However, they have the right to cancel the contract within 7 days of signing up for the service or receiving the product by mail, provided the acquisition has occurred outside the store, as presente on the Article 49:<blockquote>'''Art. 49.''' The consumer may withdraw from the contract within 7 days from the date of signature or receipt of the product or service, whenever the contract for the supply of products and services occurs outside the commercial establishment, especially by telephone or at home.</blockquote>The exercise of the right to repent is the consumer's prerogative, and the amounts must be returned immediately and monetarily updated, if necessary:<blockquote>'''Sole paragraph.''' If the consumer exercises the right of withdrawal provided for in this article, any amounts paid, for any reason, during the cooling-off period will be immediately refunded, monetarily adjusted.</blockquote>For example, if you go to a dealership and buy a vehicle, you don't have the right to change your mind. If you call the same dealership, buy the vehicle, and have it delivered to your home, you have the right to return it in the next 7 days.