Summary:
This law establishes rules of consumer protection and defense, public order and social interest in accordance with articles 5, items XXXII, 170, item V of Brazil's Constitution and article 48 of its Transitional Provisions.
Description:
Brazil’s Consumer Defense Code overview
The Consumer Defense Code of Brazil establishes norms on consumer protection (in Portuguese, “proteção do consumidor”). In this regard, characterizes this protection as a matter of public order and social interest. In addition, it provides a regime of sanctions and administrative infractions, as well as rules for jurisdictional actions.
The following elements are important for the purposes of FULL the Global Food Laws Database:
- Among consumer’s rights, there are some essential to interpret rights under Article 6:
- life and health protection against the risks of products and services considered dangerous or harmful;
- education and disclosure on the proper consumption of products;
- specific and adequate information, and
- protection against deceptive and abusive advertising.
- It foreseens that “the products and services offered in the consumer market will not present risks to the health or safety of consumers” (Article 8).
- The principle of advertising transparency is expressly recognized: “advertising will be transmitted so that the consumer can recognize it as such, easily and immediately” (Article 36).
Specific norms on advertisiment and other practices
The Consumer Defense Code in Brazil prohibits all misleading or abusive advertising (Article 37). According to the law:
- Misleading advertising it is any form of information or communication which is wholly or partially false. Moreover, it considers also those that acts by omission. Then, those advertisement mislead the consumer with regard to the nature, characteristics, quality, quantity, properties, origin, price and any other information about products and services. (Paragraph 1)
- Abusive advertising it is discriminatory in any way. For this reason, it incites violence, exploits fear or superstition, takes advantage of a child’s lack of judgment and experience, disrespects environmental values. Moreover, it is capable of inducing the consumer to behave in a way that is harmful or dangerous to their health or safety. (Paragraph 2)
The law has other sections regulating the offer of products and services (Articles 30-35) and other abusive practices associated with the commercialization of those goods (Articles 39-41).