To exercise the legal guarantee, it is sufficient for the consumer to submit the complaint accompanied by proof of purchase within 30 days for non-durable services and products or 90 days for durable services and products. Allan Dalla Soares* September 11 not only marks a tragic date in the history of world politics, with the terrorist attacks on the Twin Towers in New York. For Brazilians, it is an important date that deserves to be celebrated: the day of the publication of Law 8.078 of September 11, 1990 – Consumer Code. Even after 14 years of its publication, this diploma, so important to defend the rights of the hypocritical party in consumer relations, is still extremely ignored. Compliance with the legal and contractual warranty periods referred to in Article 24 of this Code, which provides: Article 107. Civil consumer organisations and associations of suppliers or trade unions of the economic category may, by written agreement, regulate relations with consumers aimed at establishing conditions relating to price, quality, quantity, guarantee and characteristics of products and services, as well as to the complaint and composition of the consumer dispute. XI – the guarantee of responsible credit practices, financial education and the prevention and treatment of situations of over-indebtedness, the preservation of the minimum subsistence, in accordance with regulations, including through the review and renegotiation of debts; (Included in Law No. 14.181, 2021) IV – Associations legally constituted for at least one year and whose institutional purpose includes the defense of the interests and rights protected by this Code waive the authorization of the president of the session. According to article 74 of the above-mentioned legal document, failure to comply with the duly completed contractual guarantee period constitutes a criminal offence and the penalty is 1-6 months` imprisonment or a fine. (d) ensuring products and services that meet adequate standards of quality, safety, durability and performance.

Certain differences between the legal and contractual guarantees of Art. 74 of the CDC. failure to provide the consumer with the duly completed warranty period with a clear specification of its contents; 66 making false or misleading statements or omitting relevant information about the nature, characteristics, quality, quantity, safety, performance, durability, price or warranty of the products or services: art. 80. In criminal proceedings relating to the offences provided for in this Act, as well as other offences and offences affecting relations with consumers, the legitimate persons referred to in the art may act as assistants to the Public Prosecutor`s Office. 82, points III and IV, for which alternative criminal proceedings may also be proposed if the complaint is not lodged within the legal time limit. One paragraph. The duration of the guarantee or equivalent guarantee shall be standardised and specified, in an appropriate manner corresponding to the same guarantee, the form, time and place of its exercise and the burden on the consumer, and shall be duly completed by the supplier at the time of delivery, accompanied by instructions for use. Installation and use of the product in didactic language, with illustrations. Kind. 104a. At the request of the over-indebted natural person of the consumer, the judge may initiate a debt renegotiation procedure in order to hold a conciliation hearing chaired by him or a conciliator accredited to the court in the presence of all the creditors provided for in art.

54a of this Code, in which the consumer submits a proposal for a payment plan with a maximum duration of five (5) years, maintaining the minimum subsistence level in accordance with the rules and guarantees and forms of payment initially agreed. (Contained in Law No. 14.181, 2021) art. 24. The legal guarantee of the suitability of the goods or services is independent of the express clause, unless there is a contractual exemption from the supplier. This legal guarantee referred to in Article 24 is expressed in Article 26 of the same legal diploma, which is deferred – 30 days – for consumer goods – and 90 days for durable products. This distinction is perfectly understandable. It also seems reasonable to us to change the time frame, since we treat an unsustainable product as a food, it would be possible to be spoiled after 30 days. It is worth saying the same, the opposite for sustainable products. In the case of Article 26, the provision is clear to protect rights against “obvious or easily verifiable” defects. Therefore, for example, when buying a zero-mile automobile, it would take no more than a week for a paint hazard or dent to be discovered by the buyer. However, it would take a little longer for a failure of the injector tubes to be found, which justifies the legal prognosis.

In the case of latent defects, the enumeration of the term may only be based on the effective science of dependence by the consumer, as provided for in Article 26(3). In any case, it is always recommended that the consumer inform the supplier in writing with receipt to protect himself. However, the main problem – remembering which problem is attributed to controversial situations – arises at the time when the supplier of the product or service provides the consumer with a contractual guarantee, which in most cases is 90 days. We are also often compared to product advertising, especially with guarantees that go well beyond the legal deadline, such as televisions guaranteed until the end of the “world championships”.