2020, Vol. 3

CISG's Impact in Latin America

Gustavo Cerqueira
The CISG celebrates its 40th anniversary and does not leave any Latin American legal system indifferent to its existence and to the solutions it brings. In the past years, a growing impact of the CISG’s application on national legal systems can be observed. This growth brings undesirable court’s practices and reveals a well-known global paradox: the reluctance of practicing lawyers to apply the CISG.

30th Anniversary of the Consumer Defense Code, Its History and the New Perspectives for the XXI Century

Oscar Ivan Prux
The present article reviews the history of the Brazilian Consumer Defense Code and reflects on the perspectives of consumer protection for the XXI century. After this exercise, the article recommends that successful experiences in developed countries be considered, without neglecting Brazil’s own culture and the requirements arising from its realities, including regional ones. After almost 30 years of the CDC with all the progress that this standard of public order and social interest induced in Brazilian society, it is time to move beyond, advancing to perspectives that may lead consumer law in order to attend each again, to the determinations of the Constitution as in Article 1 (II and III) explicitly establishes, as the Republic fundamental basic principles of protection of human dignity and the exercise of citizenship, something impossible to happen without respect of consumers rights. Importantly, consumer law is the closest law to the so-called "human rights", and without progress towards fulfilling these rights, will never build a free, just and caring society, a fundamental aim of our Democratic State of Law.

Full Reparation to the Consumer for the Fact of the Product and the Service

Lucas Abreu Barroso & Lúcio Moreira Andrade
The idea that risks are part of a developmental culture, impelling a new social and political dynamics, while posing local and global threats, regardless of class or group, seems to mark contemporary society, at least in the industrialized capitalist countries. From the consumption standpoint, risks are experienced on a daily basis, mainly because of the intense "needs" consumers have for products and services. And the practice of launching products and services directly into the market without the due technical assessment is not recent, which causes such products and services to not provide the safety that the consumer legitimately expects. Thus, the liability for the fact of the product and the service means imputing to the supplier the obligation to repair - regardless of the existence of fault - damages or defects arising: (1) from design, manufacture, construction, assembly, formulas, handling, presentation or packaging of products, as well as from insufficient or inadequate information on the use and risks of products; (2) from the provision of services, as well as insufficient or inadequate information on their enjoyment and risks

Rethinking Planned Obsolescence Treatment in Brazil

André Perin Schmidt Neto & Mellany Chevtchik
Global consumption of billions of people in the consumer society has created an ephemeral culture that captivates consumers through the obsolescence of products, whether due to fashion, design, reduced product lifespan or the development of new technologies, with severe environmental consequences. In this sense, it is necessary to analyze the legal treatment of planned obsolescence in order to ensure consumer protection in a sustainable environment. Despite the efforts of the doctrine, the study of case law and rules in the field of comparative law revealed the Brazilian deficiency in the treatment of this issue, while indicating possible alternatives, especially the need for legal treatment, as it is being contemplated in France.

Globalization and the Consumer Protection in Brazil

Eduardo Antônio Klausner
This article analyses the interplay between globalization and Consumer in Brazil. To lay the ground, it discusses the place of Consumer Law as a new area of the legal system and then its characteristics in the Brazilian context. On the interplay with globalization, the article analyses the interactions between globalization and cross-border consumer contracts as well as the judgement of cross-border Consumer Law cases in Brazil.

Global Governance and Cooperation on Tourist-Consumer Matters: Arguments in Favor of a Legal Instrument to Protect International Tourists at the HCCH

Claudia Lima Marques & Tatiana Cardoso Squeff
The present article discusses the global governance and cooperation on turist-consumer matters. It argues for the need of a legal instrument aimed at protecting international tourists at the HCCH. In accordance to a Report by the Consultant, a possible future Convention on Co-operation and Access to Justice for International Tourists is considered desirable for three main reasons: to overcome informational gap, to deepen communication among nations (and its structures), and palpable access to administrative/judicial proceedings. The project under discussion at the HCCH would avoid ex post facto cross-border consumer disputes, which are not only ineffective in protecting consumer rights, but also very costly for the tourism industry and the consumer.