Print Friendly, PDF & Email

Ever since the Brazilian constitution was established in 1988, there has been more of a focus on the safety and well being of the general public. Until then, Brazil was ruled under a harsh dictatorship with little focus on the populous. Following the United States’ lead in 1991, Brazil used the Consumer Defense Code to protect all consumers. The code was initially designed not only to protect consumers in transactions, but also to regulate the relationship between providers and consumers in all areas of business.

Consumer Rights in Brazil

If the consumer has been harmed by goods or services, it is not their responsibility to find evidence and bring it to court. Instead, the provider must take that initiative and bring proof that they are innocent. Under the consumer protection code, there is assurance that all public services and customer service is provided by all institutions. In addition to these details, the Consumer Defense Law covers the following topics:

  • The Protection of Life and Health – The consumer code in Brazil states that providers of products and/or services must accurately and comprehensively warn all consumers about the possible risks associated with each product or service that could threat their life or general wellbeing.
  • Education for Proper Consumption – Providers must supply all of the materials necessary to teach consumers about how to use the products or services they buy in the proper and safe way.
  • Freedom of Choice – Providers must give consumers the right to choose whichever product or service they feel best fits their needs, regardless what benefit another choice might bring to the provider.
  • Information – When consumers buy a product, they must have access to all information about the product. This includes its weight, composition, possible risks, price, and methods of use. If it is not clearly stated on the packaging, there must be a way that the consumer can easily access the information.
  • Protection Against False Advertising –Misleading advertising is illegal under the consumer protection code in Brazil. If consumers purchase a product and it is not exactly what was promoted in an advertisement, they have the right to get their money back.
  • The Right to Indemnity – If consumers are harmed by the product or service they receive, they have the right to payment for any damages by the provider, including emotional damage.

Take Care of Your Consumers’ Rights

If you are thinking about doing business in Brazil, it is important to comprehend the consumer protection code. Consumers are well protected, so you should make sure your business doesn’t infringe upon their rights in any way, even accidentally. In court, they will have advantage, so protecting yourself and your rights could be difficult. Brazil has one of the most powerful defenses and laws for consumer rights in the world. If you’re unsure about whether or not your business might be breaking laws under this code, you should speak with a Brazilian attorney right away. Otherwise, ignoring consumer laws might have seriously negative consequences for your business.

Phone: 212-300-7174

Email: info@oliveiralawyers.com