Practice areas
Consumer law
You paid and never received the product, the service was not delivered as agreed, or a charge appeared that you do not recognise.
Brazil’s Consumer Protection Code (Código de Defesa do Consumidor, Law 8,078/1990) protects anyone who buys a product or service as its end user, including foreign consumers buying in Brazil. It sets specific deadlines to complain, allows the burden of proof to be shifted in the consumer’s favour and makes the supplier strictly liable, regardless of fault. The firm has handled consumer disputes in Rio de Janeiro since 1985.
What the practice does in this area
- Defective products · replacement, price reduction or refund of the amount paid
- Services not delivered, or delivered differently from what was agreed
- Wrongful charges and recovery of amounts overpaid
- Wrongful listing in credit protection registers (Brazil’s consumer credit blacklists) and removal of your name
- Standard-form contracts and unfair terms
- Air travel · delays, cancellations, lost luggage and overbooking
- Online purchases and the statutory right to cancel
The deadlines to complain are short
Article 26 of the Consumer Protection Code gives 30 days for non-durable products and services and 90 days for durable ones, counted from delivery or from the moment a hidden defect becomes apparent. Compensation for damage caused by a defective product or service has a 5-year deadline, under article 27. Complaining in writing and keeping the protocol number stops the clock.
The shifted burden of proof is not automatic
Article 6, item VIII, of the Code lets the judge shift the burden of proof to the supplier when the consumer’s account is plausible or the consumer is at a disadvantage in producing evidence. It is a decision the judge makes in each case, not an automatic effect of the relationship being a consumer one.
Distance purchases carry a seven-day right to cancel
Article 49 guarantees a seven-day cooling-off period, counted from signing the contract or receiving the product, whenever the purchase is made away from the seller’s premises, for example online or by phone. The amount paid must be refunded, adjusted for inflation.
Wrongful blacklisting and Precedent 385
Being wrongfully listed in a credit protection register can give rise to compensation. But the Superior Court of Justice (Superior Tribunal de Justiça) settled, in Precedent (Súmula) 385, that no moral damages are due when a prior legitimate listing already exists, although the wrongful entry can still be cancelled.
Frequently asked questions
What is the deadline to complain about a defective product in Brazil?
Article 26 of the Consumer Protection Code gives 30 days for non-durable products and services and 90 days for durable ones, counted from actual delivery. When the defect is hidden, the clock starts when it becomes apparent. Complaining formally to the supplier and keeping the protocol number suspends the deadline.
My name was blacklisted over a debt I do not recognise. What can I do?
Ask the creditor and the credit register, in writing, for the origin of the debt. If the listing is wrongful, a court can order your name removed and, depending on the case, award compensation. Note Precedent (Súmula) 385 of the Superior Court of Justice · if an earlier legitimate listing exists, a moral damages claim tends to fail, although cancelling the wrongful entry remains possible.
I bought online and changed my mind. Can I return it?
Yes. Article 49 of the Consumer Protection Code gives you seven days to withdraw from purchases made away from the seller’s premises, which includes online and phone sales. The period runs from signing the contract or receiving the product, and everything you paid must be refunded with monetary adjustment.
The airline cancelled my flight in Brazil. What am I entitled to?
Resolution 400 of ANAC, the Brazilian civil aviation authority, sets duties of information and material assistance that scale with the waiting time, plus the options of rebooking, refund or transport by another means. When the cancellation causes concrete harm beyond ordinary inconvenience, compensation can be discussed under the Consumer Protection Code.
Do I need a lawyer for a consumer claim in Brazil?
In the Small Claims Courts (Juizados Especiais Cíveis), claims of up to twenty times the monthly minimum wage can be filed without a lawyer. Above that amount, and for any appeal, representation by a lawyer is required. Even below the limit, advice beforehand usually prevents mistakes of evidence and pleading that are hard to fix later.
Informational content only, with no offer of services for any specific case, in line with Rule 205/2021 (Provimento 205/2021) of the Brazilian Bar Association (OAB).