Consumer Defense Code - Revision history

AnavrinArt: /* Basic Rights */

2025-10-13T09:56:24Z

Basic Rights

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

AnavrinArt: /* Basic Rights */

2025-10-13T09:53:19Z

Basic Rights

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

Keith: test edit

2025-09-22T18:22:01Z

test edit

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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==		==Brief History==

Keith: test edit

2025-09-22T18:20:26Z

test edit

← Older revision		Revision as of 18:20, 22 September 2025
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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==		==Brief History==

AnotherConsumerRightsPerson: /* References */ Removed from unnecessary category

2025-09-22T06:07:12Z

References: Removed from unnecessary category

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	==References==		==References==
	{{reflist}}		{{reflist}}
	~~[[Category:Legislation]]~~
	[[Category:Legislation in Brazil]]		[[Category:Legislation in Brazil]]
	[[Category:Pro-consumer articles]]		[[Category:Pro-consumer articles]]

Beanie Bo at 22:32, 21 September 2025

2025-09-21T22:32:12Z

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	[[Category:Legislation]]		[[Category:Legislation]]
	[[Category:Legislation in Brazil]]		[[Category:Legislation in Brazil]]
			[[Category:Pro-consumer articles]]

AnotherConsumerRightsPerson: Removed unnecessary category.

2025-09-14T05:52:12Z

Removed unnecessary category.

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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>		'''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>

	== Supplier's Liability ==		==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.		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.		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.

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

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	'''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>		'''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 ===		===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:		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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	{{reflist}}		{{reflist}}
	[[Category:Legislation]]		[[Category:Legislation]]
	~~[[Category:Legislation in South America]]~~
	[[Category:Legislation in Brazil]]		[[Category:Legislation in Brazil]]

AnotherConsumerRightsPerson: Added to category.

2025-09-12T19:20:40Z

Added to category.

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	[[Category:Legislation]]		[[Category:Legislation]]
	[[Category:Legislation in South America]]		[[Category:Legislation in South America]]
	[[Category:Brazil ~~legislation~~]]		[[Category:Legislation in Brazil]]

Rysllo at 01:43, 12 September 2025

2025-09-12T01:43:05Z

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	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;		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>

Rysllo: Added the Supplier's Liability topic and made some minor changes in the structure

2025-09-12T01:25:31Z

Added the Supplier's Liability topic and made some minor changes in the structure

Show changes