The Código de Defesa do Consumidor provides three things that newcomers hardly ever use. 7 days to cancel a purchase made outside the point of sale — by phone, at home, online. 30 days for the seller to remedy a defect, after which the choice belongs to the buyer — replacement, refund or discount. And a special court where claims up to a certain amount can be brought without a lawyer at all.
Right to withdraw from a purchase: 7 days
Art. 49: the consumer has the right to withdraw from the contract within 7 days from the moment of signing or receipt of the good or service — whenever the purchase is made outside the commercial establishment, in particular by telephone or at home.
Sole paragraph: upon withdrawal all amounts paid are returned immediately and with monetary adjustment.
A key limitation that is often misrepresented: the right applies to purchases made outside the salesroom. Goods bought in a regular store do not fall under this provision — there the rules on product defects apply.
If the product has a defect
Art. 18: suppliers are jointly liable for defects of quality or quantity that render the product unfit or reduce its value, as well as for non-compliance with what is stated on the packaging, label or in advertising.
§1: if the defect is not remedied within 30 days, the consumer may, at their choice, demand:
- replacement of the product with a new one of the same kind in proper condition;
- immediate return of the amount paid with monetary adjustment;
- proportional reduction of the price.
The choice here belongs to the buyer, not the seller.
Time limits for complaints
Art. 26 — the right to file a complaint about obvious or easily detectable defects expires:
| What | Time limit |
|---|---|
| Services and non-durable goods | 30 days |
| Services and durable goods | 90 days |
The countdown runs from the moment of actual delivery of the product or completion of the service (§1). The running of the period is suspended by a documented complaint to the seller — until receipt of a clear refusal from them (§2).
The complaint should be recorded in writing, not discussed orally. Saved correspondence stops the period.
Where to go
Procon — the state consumer protection agency, present in states and municipalities. An out-of-court body: it accepts complaints and compels the seller to respond.
Juizado Especial Cível — the special court for simple cases (Lei 9.099/1995):
- jurisdiction — claims up to 40 minimum wages (art. 3, I);
- for up to 20 minimum wages parties participate personally, a lawyer is not required; above that — representation is mandatory (art. 9).
A dispute with an airline, a rental company, a bank or a store over an everyday amount is handled without a lawyer and without a fee at the first stage.
Typical situations where this works: deduction of the deposit by the rental company (see Car rental in Brazil — documents, card, insurance, fines (in Russian)), a dispute with a bank over fees (see Consumer credit in Brazil — cards, installments, overdraft (in Russian)), an incorrect entry in the debtor registry (see Credit history and scoring in Brazil — how a newcomer can build one (in Russian)).
Sources
- T1Lei nº 8.078/1990 (Consumer Protection Code)planalto.gov.br · primary source
- T1Lei nº 9.099/1995 — competence of special courts and when a lawyer is not requiredplanalto.gov.br · primary source
T1 — primary: law, agency site, price list. T2 — secondary: press, specialist sites. T3 — other.