Transcript PowerPoint
Public
FTAA.ecom/inf/127
February 27, 2002
Original: Spanish
Translation: FTAA Secretariat
Government of Brazil
Ministry of Justice
Department of Consumer Protection and Defense
Consumer Protection and Defense in Electronic
Commerce
Eliane Moreira
Outline
Consolidation of consumer defense in
Brazil
Consumer Defense Code
National System for Consumer Protection
and Defense
Consumer protection and defense in
electronic commerce
Consolidation of consumer defense in
Brazil
Federal Constitution
Fundamental rights and guarantees of citizens
UN Resolution No. 39/248
General principles underpinning Brazil’s economic
regulations
Acts embodying transitional
provisions
Changes in consumer relations
Impersonality
Indirect transaction systems
Tremendous growth
Increased sophistication and complexity
Consumer vulnerability
State intervention needed to reduce
imbalances
Consumer Defense Code
Public order and public interest regulations
National Consumer Relations Policy
Basic Consumer Rights
Quality of Goods and Services
Prevention of and compensation for injury
Commercial practices
Protection of contracts
Administrative penalties
Criminal offenses
Legal defense
National Consumer Defense System
Collective Consumption Agreement
Principles of the National Consumer
Relations Policy
Recognition of consumers’ vulnerability
Need for government action
Need to reconcile the interests of all the players
involved in commercial transactions
Aligning consumer protection with the need for
economic and technological development, based
always on good faith and the need to strike a balance
between consumer-supplier relations
Basic Consumer Rights
Protection
of life, health and safety
Consumer education
Right to information
Protection from deceptive and fraudulent advertising,
and coercive or unfair commercial practices
Prevention of and compensation for moral or material
damage
Access to consumer rights defense
National Consumer Defense
System
Branch structure, participative and made up
of independent entities and bodies
Federal level: Department of Consumer
Defense of the Ministry of Justice
At the State, municipal and district levels:
over 720 consumer defense and protection
foundations, known as PROCON
Grass roots consumer defense entities
Consumer Relations
Consumer: natural or juridical person that is the end user of the
product or service purchased or used by said person.
Supplier: natural or juridical person, whether public or private,
local or foreign, who pursues activities involving the
production, assembly, creation, construction, transformation,
import, export, distribution or marketing of products or the
provision of services
Products: movable and immovable property, of a tangible or
intangible nature
Provision of services: any acts performed in the consumer
market in exchange for payment, except such acts stemming
from employment relationships.
Consumer Relations in B2C Electronic
Commerce
Consumer relations resulting from “business to consumer”
(B2C) electronic commerce were covered by the
Consumer Defense Code (CDC)
Consumer – accesses the Internet
Supplier – makes access possible
or makes its products or services
available on the Internet
Jurisprudence
Decisions on pedophilia, royalties or intellectual property
Superior Court of Justice (STJ)
and Federal Supreme Court (STF)
– tendency to consider
software downloads as the
provision of a service
E-Commerce Bills before Congress
Digital signature
Computer fraud
Responsibility of access providers
Data privacy
Electronic Commerce
User Registration
Controversial Issues
Electronic contracts
Right to privacy
SPAM and misleading advertising
Jurisdiction
B2C – Electronic Contracts
Contract safety
Laws applicable to B2C contracts
Prior knowledge
Interpretation in favor of the consumer
Adhesion contracts
Right to change one’s mind
Advertising
SPAM
Misleading
Abusive
advertisin
advertising
Right to Privacy
Cookies
Right to information and privacy
Jurisdiction
Effectiveness of judicial decisions
Cooperation mechanisms