Consumer Defense Code: Difference between revisions

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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.

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;

'''Sole paragraph.''' The collective of people, even if undetermined, who have intervened in consumer relations is considered a consumer.</blockquote>And what about the '''supplier'''?<blockquote>'''Art. 3rd''' Supplier is any natural or legal person, public or private, national or foreign, as well as depersonalized entities, that develop activities of production, assembly, creation, construction, transformation, import, export, distribution or commercialization of products or provision of services.</blockquote>Okay, and a '''product''' or a '''service'''?<blockquote>'''§ 1st''' Product is any good, movable or immovable, material or immaterial.

'''Sole paragraph.''' The collective of people, even if undetermined, who have intervened in consumer relations is considered a consumer.</blockquote>And what about the '''supplier'''?<blockquote>'''Art. 3rd''' Supplier is any natural or legal person, public or private, national or foreign, as well as depersonalized entities, that develop activities of production, assembly, creation, construction, transformation, import, export, distribution or commercialization of products or provision of services.</blockquote>Okay, and a '''product''' or a '''service'''?<blockquote>'''§ 1st''' Product is any good, movable or immovable, material or immaterial;

'''§ 2nd''' Service is any activity provided in the consumer market, for remuneration, including those of a banking, financial, credit and security nature, except those arising from labor relations.</blockquote>

'''§ 2nd'''Service is any activity provided in the consumer market, for remuneration, including those of a banking, financial, credit and security nature, except those arising from labor relations.</blockquote>

==Basic Rights==

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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>

== ~~Consumer Protection~~ ==

== Supplier's Liability ==

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.

=== ~~Against Abusive Practices~~ ===

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.

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

=== For Harm Caused by Defective Products or Services ===

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.

'''§ 1st''' The product is defective when it does not offer the safety that is legitimately expected of it, taking into account the relevant circumstances, including:

'''I -''' its presentation;

'''II -''' the use and risks that are reasonably expected from it;

'''III -''' the time at which it was put into circulation.

'''§ 2nd''' The product is not considered defective because another of better quality has been placed on the market.</blockquote>The product liability, in this case, can only be excluded if the supplier can prove one of the following situations:<blockquote>'''§ 3rd''' The manufacturer, builder, producer or importer will only not be held liable when he proves:

'''I -''' that did not place the product on the market;

'''II -''' that, although the product has been placed on the market, the defect does not exist;

'''III -''' the exclusive fault of the consumer or third party.</blockquote>The seller could also be subjected to the same penalties in specific situations, as presented in the Article 13:<blockquote>'''Art. 13.''' The seller is equally liable, under the terms of the previous article, when:

'''I -''' the manufacturer, constructor, producer or importer cannot be identified;

'''II -''' the product is supplied without clear identification of its manufacturer, producer, builder or importer;

'''III -''' not properly preserving perishable products.

'''Sole paragraph.''' Whoever makes the payment to the injured party may exercise the right of recourse against the other responsible parties, according to their participation in causing the harmful event.</blockquote>In the same way as the Article 12, the Article 14 establishes that the service provider is also liable for the damages caused to the consumers:<blockquote>'''Art. 14.''' The service provider is liable, regardless of the existence of fault, for the repair of damages caused to consumers by defects related to the provision of services, as well as for insufficient or inadequate information about their use and risks.

'''§ 1st''' The service is defective when it does not provide the security that the consumer can expect from it, taking into account the relevant circumstances, including:

'''I -''' the method of its supply;

'''II -''' the result and the risks that are reasonably expected from it;

'''III -''' the time at which it was provided.

'''§ 2nd''' The service is not considered defective due to the adoption of new techniques.</blockquote>As well as the product liability exclusions, the service provider liability can also be excluded if the supplier proves:<blockquote>'''§ 3rd''' The service provider will only not be held liable when it proves:

'''I -''' that, having provided the service, the defect does not exist;

'''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>

=== For Defective Products or Services ===

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:

'''I -''' replacement of the product with another of the same type, in perfect condition for use;

'''II -''' immediate refund of the amount paid, monetarily updated, without prejudice to any losses or damages;

'''III -''' proportional price reduction.</blockquote>Between the Second and Fifth Paragraphs, there are some guidelines on how to proceed in cases of these defects:<blockquote>'''§ 2nd''' The parties may agree to reduce or extend the term provided for in the previous paragraph, which may not be less than seven nor more than one hundred and eighty days. In adhesion contracts, the term clause must be agreed upon separately, through the express consent of the consumer.

'''§ 3rd''' The consumer may immediately exercise the alternatives set forth in § 1st of this article whenever, due to the extent of the defect, replacing the defective parts could compromise the quality or characteristics of the product, reduce its value, or if it is an essential product.

'''§ 4th''' If the consumer has opted for the alternative set forth in item I of § 1st of this article, and it is not possible to replace the product, it may be replaced with another of a different type, brand, or model, subject to a supplement or refund of any price difference, without prejudice to the provisions of items II and III of § 1st of this article.

'''§ 5th''' In the case of supply of in natura products, the immediate supplier will be responsible to the consumer, except when the producer is clearly identified.</blockquote>In the Sixth and last Paragraph of the same article, it defines what is considered a product unfit for use or consumption, which gives the consumer the right to complain:<blockquote>'''§ 6th''' The following are unfit for use and consumption:

'''I -''' products whose expiration dates have expired;

'''II -''' products that are deteriorated, altered, adulterated, damaged, counterfeit, corrupted, fraudulent, harmful to life or health, dangerous, or that do not comply with regulatory standards for manufacturing, distribution, or presentation;

'''III -''' products that, for any reason, prove unsuitable for their intended purpose.</blockquote>Enforced by the Article 19, it ensures that the consumer receives exactly what was promised in terms of quantity, and that they have clear and effective alternatives to resolve the problem, with legal support and without bureaucracy:<blockquote>'''Art. 19.''' Suppliers shall be jointly and severally liable for defects in the quantity of the product whenever, taking into account variations arising from its nature, its net content is less than the indications contained on the container, packaging, labeling or advertising message, and the consumer may demand, alternatively and at his/her choice:

'''I -''' the proportional reduction of the price;

'''II -''' completion of weight or measurement;

'''III -''' replacement of the product with another of the same type, brand or model, without the aforementioned defects;

'''IV -''' immediate refund of the amount paid, monetarily updated, without prejudice to any losses or damages.

'''§ 1st''' The provisions of § 4° of the previous article apply to this article.

'''§ 2nd''' The immediate supplier will be responsible when weighing or measuring and the instrument used is not calibrated according to official standards.</blockquote>The Article 20 ensures that the consumer receives an adequate, functional, and promised service. If this does not happen, the consumer can demand a correction, refund, or discount - with legal support and freedom of choice:<blockquote>'''Art. 20.''' The service provider is liable for quality defects that render the service unfit for consumption or reduce its value, as well as for those resulting from discrepancies with the information contained in the offer or advertising message. The consumer may demand, alternatively and at their discretion:

'''I -''' re-performance of the services, at no additional cost and when applicable;

'''II -''' immediate refund of the amount paid, monetarily adjusted, without prejudice to any losses and damages;

'''III -''' a proportional price reduction.

'''§ 1st''' The re-performance of services may be entrusted to duly qualified third parties, at the provider's expense and risk.

'''§ 2nd''' Services that prove inadequate for the purposes reasonably expected of them, as well as those that do not meet regulatory standards of serviceability, are considered unsuitable.</blockquote>When a service aims to repair a defective product, the supplier is required to use replacement parts that are original, new, and compatible with the manufacturer's technical specifications. This rule ensures that the product continues to function properly and safely after repair. The use of different or used parts may only occur with the consumer's express authorization. This protects the consumer against inappropriate replacements and ensures transparency in the service provided:<blockquote>'''Art. 21.''' In the provision of services aimed at repairing any product, the supplier's obligation to use suitable and new original replacement components, or those that maintain the manufacturer's technical specifications, shall be considered implicit, unless, in the case of the latter, the consumer authorizes otherwise.</blockquote>The CDC is not limited to relationships with private companies. It also protects consumers in their relationships with public authorities, whenever they operate in the consumer market:<blockquote>'''Art. 22.''' Public agencies, whether directly or indirectly, through their companies, concessionaires, licensees, or any other form of enterprise, are obligated to provide adequate, efficient, safe, and, as regards essential services, continuous services.

'''Sole paragraph.''' In cases of total or partial noncompliance with the obligations set forth in this article, legal entities will be required to comply with them and repair any damages caused, as provided for in this code.</blockquote>In the Articles 23 to 25 of this section, the last ones of it, brings some prohibitions and final considerations about the topic discussed:<blockquote>'''Art. 23.''' The supplier's ignorance of quality defects due to inadequate products and services does not exempt them from liability.

'''Art. 24.''' The legal guarantee of product or service suitability is independent of any express term, and the supplier's contractual exemption is prohibited.

'''Art. 25.''' The contractual stipulation of a clause that precludes, exempts, or mitigates the obligation to compensate provided for in this and the previous sections is prohibited.

'''§ 1st''' If more than one party is responsible for causing the damage, all shall be jointly and severally liable for the compensation provided for in this and the previous sections.

'''§ 2nd''' If the damage is caused by a component or part incorporated into the product or service, its manufacturer, constructor, or importer and the person who incorporated it are jointly and severally liable.</blockquote>

==Consumer Protection==

Consumer protection is one of the fundamental pillars of the Brazilian legal system, reflecting a commitment to dignity, transparency, and equity in consumer relations. The consumerist code establishes essential guidelines to curb abusive practices and ensure fair contracts. In this context, the Articles 39 and 51 are noteworthy because they address, respectively, prohibited commercial practices and abusive contractual clauses.

===Against Abusive Practices===

The Article 39 lists a series of common abusive practices prohibited in consumer relations, but the main section of the article specifies that it is only an exemplary list of conduct, recognizing that there may be other abusive situations to be analyzed in the specific case:<blockquote>'''Art. 39.''' Suppliers of products or services are prohibited from, among other abusive practices:

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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>

=== Against Abusive Clauses ===

===Against Abusive Clauses===

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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'''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 Return==

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 13: / Line 13: @@
 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.
+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;
-'''Sole paragraph.''' The collective of people, even if undetermined, who have intervened in consumer relations is considered a consumer.</blockquote>And what about the '''supplier'''?<blockquote>'''Art. 3rd''' Supplier is any natural or legal person, public or private, national or foreign, as well as depersonalized entities, that develop activities of production, assembly, creation, construction, transformation, import, export, distribution or commercialization of products or provision of services.</blockquote>Okay, and a '''product''' or a '''service'''?<blockquote>'''§ 1st''' Product is any good, movable or immovable, material or immaterial.
+'''Sole paragraph.''' The collective of people, even if undetermined, who have intervened in consumer relations is considered a consumer.</blockquote>And what about the '''supplier'''?<blockquote>'''Art. 3rd''' Supplier is any natural or legal person, public or private, national or foreign, as well as depersonalized entities, that develop activities of production, assembly, creation, construction, transformation, import, export, distribution or commercialization of products or provision of services.</blockquote>Okay, and a '''product''' or a '''service'''?<blockquote>'''§ 1st''' Product is any good, movable or immovable, material or immaterial;
-'''§ 2nd''' Service is any activity provided in the consumer market, for remuneration, including those of a banking, financial, credit and security nature, except those arising from labor relations.</blockquote>
+'''§ 2nd'''Service is any activity provided in the consumer market, for remuneration, including those of a banking, financial, credit and security nature, except those arising from labor relations.</blockquote>
 ==Basic Rights==
@@ 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>
-== Consumer Protection ==
+== Supplier's Liability ==
+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.
-=== Against Abusive Practices ===
+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.
-Abusive practices in consumer relations are prohibited by consumer law, subjecting the supplier who commits them to applicable civil and criminal sanctions.
+=== For Harm Caused by Defective Products or Services ===
+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.
+'''§ 1st''' The product is defective when it does not offer the safety that is legitimately expected of it, taking into account the relevant circumstances, including:
+'''I -''' its presentation;
+'''II -''' the use and risks that are reasonably expected from it;
+'''III -''' the time at which it was put into circulation.
+'''§ 2nd''' The product is not considered defective because another of better quality has been placed on the market.</blockquote>The product liability, in this case, can only be excluded if the supplier can prove one of the following situations:<blockquote>'''§ 3rd''' The manufacturer, builder, producer or importer will only not be held liable when he proves:
+'''I -''' that did not place the product on the market;
+'''II -''' that, although the product has been placed on the market, the defect does not exist;
+'''III -''' the exclusive fault of the consumer or third party.</blockquote>The seller could also be subjected to the same penalties in specific situations, as presented in the Article 13:<blockquote>'''Art. 13.''' The seller is equally liable, under the terms of the previous article, when:
+'''I -''' the manufacturer, constructor, producer or importer cannot be identified;
+'''II -''' the product is supplied without clear identification of its manufacturer, producer, builder or importer;
+'''III -''' not properly preserving perishable products.
+'''Sole paragraph.''' Whoever makes the payment to the injured party may exercise the right of recourse against the other responsible parties, according to their participation in causing the harmful event.</blockquote>In the same way as the Article 12, the Article 14 establishes that the service provider is also liable for the damages caused to the consumers:<blockquote>'''Art. 14.''' The service provider is liable, regardless of the existence of fault, for the repair of damages caused to consumers by defects related to the provision of services, as well as for insufficient or inadequate information about their use and risks.
+'''§ 1st''' The service is defective when it does not provide the security that the consumer can expect from it, taking into account the relevant circumstances, including:
+'''I -''' the method of its supply;
+'''II -''' the result and the risks that are reasonably expected from it;
+'''III -''' the time at which it was provided.
+'''§ 2nd''' The service is not considered defective due to the adoption of new techniques.</blockquote>As well as the product liability exclusions, the service provider liability can also be excluded if the supplier proves:<blockquote>'''§ 3rd''' The service provider will only not be held liable when it proves:
+'''I -''' that, having provided the service, the defect does not exist;
+'''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>
+=== For Defective Products or Services ===
+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:
+'''I -''' replacement of the product with another of the same type, in perfect condition for use;
+'''II -''' immediate refund of the amount paid, monetarily updated, without prejudice to any losses or damages;
+'''III -''' proportional price reduction.</blockquote>Between the Second and Fifth Paragraphs, there are some guidelines on how to proceed in cases of these defects:<blockquote>'''§ 2nd''' The parties may agree to reduce or extend the term provided for in the previous paragraph, which may not be less than seven nor more than one hundred and eighty days. In adhesion contracts, the term clause must be agreed upon separately, through the express consent of the consumer.
+'''§ 3rd''' The consumer may immediately exercise the alternatives set forth in § 1st of this article whenever, due to the extent of the defect, replacing the defective parts could compromise the quality or characteristics of the product, reduce its value, or if it is an essential product.
+'''§ 4th''' If the consumer has opted for the alternative set forth in item I of § 1st of this article, and it is not possible to replace the product, it may be replaced with another of a different type, brand, or model, subject to a supplement or refund of any price difference, without prejudice to the provisions of items II and III of § 1st of this article.
+'''§ 5th''' In the case of supply of in natura products, the immediate supplier will be responsible to the consumer, except when the producer is clearly identified.</blockquote>In the Sixth and last Paragraph of the same article, it defines what is considered a product unfit for use or consumption, which gives the consumer the right to complain:<blockquote>'''§ 6th''' The following are unfit for use and consumption:
+'''I -''' products whose expiration dates have expired;
+'''II -''' products that are deteriorated, altered, adulterated, damaged, counterfeit, corrupted, fraudulent, harmful to life or health, dangerous, or that do not comply with regulatory standards for manufacturing, distribution, or presentation;
+'''III -''' products that, for any reason, prove unsuitable for their intended purpose.</blockquote>Enforced by the Article 19, it ensures that the consumer receives exactly what was promised in terms of quantity, and that they have clear and effective alternatives to resolve the problem, with legal support and without bureaucracy:<blockquote>'''Art. 19.''' Suppliers shall be jointly and severally liable for defects in the quantity of the product whenever, taking into account variations arising from its nature, its net content is less than the indications contained on the container, packaging, labeling or advertising message, and the consumer may demand, alternatively and at his/her choice:
+'''I -''' the proportional reduction of the price;
+'''II -''' completion of weight or measurement;
+'''III -''' replacement of the product with another of the same type, brand or model, without the aforementioned defects;
+'''IV -''' immediate refund of the amount paid, monetarily updated, without prejudice to any losses or damages.
+'''§ 1st''' The provisions of § 4° of the previous article apply to this article.
+'''§ 2nd''' The immediate supplier will be responsible when weighing or measuring and the instrument used is not calibrated according to official standards.</blockquote>The Article 20 ensures that the consumer receives an adequate, functional, and promised service. If this does not happen, the consumer can demand a correction, refund, or discount - with legal support and freedom of choice:<blockquote>'''Art. 20.''' The service provider is liable for quality defects that render the service unfit for consumption or reduce its value, as well as for those resulting from discrepancies with the information contained in the offer or advertising message. The consumer may demand, alternatively and at their discretion:
+'''I -''' re-performance of the services, at no additional cost and when applicable;
+'''II -''' immediate refund of the amount paid, monetarily adjusted, without prejudice to any losses and damages;
+'''III -''' a proportional price reduction.
+'''§ 1st''' The re-performance of services may be entrusted to duly qualified third parties, at the provider's expense and risk.
+'''§ 2nd''' Services that prove inadequate for the purposes reasonably expected of them, as well as those that do not meet regulatory standards of serviceability, are considered unsuitable.</blockquote>When a service aims to repair a defective product, the supplier is required to use replacement parts that are original, new, and compatible with the manufacturer's technical specifications. This rule ensures that the product continues to function properly and safely after repair. The use of different or used parts may only occur with the consumer's express authorization. This protects the consumer against inappropriate replacements and ensures transparency in the service provided:<blockquote>'''Art. 21.''' In the provision of services aimed at repairing any product, the supplier's obligation to use suitable and new original replacement components, or those that maintain the manufacturer's technical specifications, shall be considered implicit, unless, in the case of the latter, the consumer authorizes otherwise.</blockquote>The CDC is not limited to relationships with private companies. It also protects consumers in their relationships with public authorities, whenever they operate in the consumer market:<blockquote>'''Art. 22.''' Public agencies, whether directly or indirectly, through their companies, concessionaires, licensees, or any other form of enterprise, are obligated to provide adequate, efficient, safe, and, as regards essential services, continuous services.
+'''Sole paragraph.''' In cases of total or partial noncompliance with the obligations set forth in this article, legal entities will be required to comply with them and repair any damages caused, as provided for in this code.</blockquote>In the Articles 23 to 25 of this section, the last ones of it, brings some prohibitions and final considerations about the topic discussed:<blockquote>'''Art. 23.''' The supplier's ignorance of quality defects due to inadequate products and services does not exempt them from liability.
+'''Art. 24.''' The legal guarantee of product or service suitability is independent of any express term, and the supplier's contractual exemption is prohibited.
+'''Art. 25.''' The contractual stipulation of a clause that precludes, exempts, or mitigates the obligation to compensate provided for in this and the previous sections is prohibited.
+'''§ 1st''' If more than one party is responsible for causing the damage, all shall be jointly and severally liable for the compensation provided for in this and the previous sections.
+'''§ 2nd''' If the damage is caused by a component or part incorporated into the product or service, its manufacturer, constructor, or importer and the person who incorporated it are jointly and severally liable.</blockquote>
+==Consumer Protection==
+Consumer protection is one of the fundamental pillars of the Brazilian legal system, reflecting a commitment to dignity, transparency, and equity in consumer relations. The consumerist code establishes essential guidelines to curb abusive practices and ensure fair contracts. In this context, the Articles 39 and 51 are noteworthy because they address, respectively, prohibited commercial practices and abusive contractual clauses.
+===Against Abusive Practices===
 The Article 39 lists a series of common abusive practices prohibited in consumer relations, but the main section of the article specifies that it is only an exemplary list of conduct, recognizing that there may be other abusive situations to be analyzed in the specific case:<blockquote>'''Art. 39.''' Suppliers of products or services are prohibited from, among other abusive practices:
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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>
-=== Against Abusive Clauses ===
+===Against Abusive Clauses===
 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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 '''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 Return==
 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.