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 the Brazilian Federal Constitution and article 48 of its Transitional Provisions.
The Code establishes norms on consumer protection, characterizing it as a matter of public order and social interest. It also provides a regime of sanctions and administrative infractions, as well as rules for jurisdictional action. The following elements should be underlined:
- Among consumer rights, several essential concepts are found: health protection, education and disclosure on the proper consumption of products, specific and adequate information, and protection against deceptive and abusive advertising.
- The Code foresees 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).