The volume in the country in 2024 reaches 12.9 thousand processes; between 2022 and 2023, Northern and Northeastern states showed a significant increase
Summary
From January to August 2024, Brazil recorded 12,997 new lawsuits over inappropriate products, 49.3% of which were in the southeast region.
Brazil recorded 12,997 new lawsuits for inappropriate products between January and August 2024. This is what emerges from an investigation based on the BI (Business Intelligence) of the CNJ (National Council of Justice), through the consolidation of data and the verification of subjects present in the body’s procedural management tables. This number represents an average of 53 lawsuits filed by consumers every day.
The Southeast region concentrated 49.3% of actions initiated between January and August 2024, for a total of 6,414 legal requests related to problems with inappropriate products, almost half of the total number of lawsuits in the country. In this context, the State of Rio de Janeiro records the highest number of actions, with 4,866 new trials, followed by Minas Gerais, with 1,154.
The lowest index was presented by the state of Pernambuco, which recorded 2 trials initiated in the same period, followed by Acre, with 22, and Pará, with 77 trials. Acre also saw the biggest decline in filings, down 46.1%.
In 2023, the country recorded 20,068 new actions related to inappropriate products, with an average of 55 cases initiated per day. States in the Northern and Northeastern regions, such as Amapá, Maranhão and Rondônia, showed significant growth in the number of actions initiated between 2022 and 2023, with increases of 177.7%, 177.5% and 121 respectively, 3%.
According to experts, products unfit for use are those that have defects, damage or any condition that could compromise the health and safety of the consumer. This includes items that are past their expiration date, spoiled, adulterated, damaged, counterfeit, or that do not comply with manufacturing, distribution and presentation standards.
According to João Valença, consumerist at VLV Advogados, the Consumer Code establishes rights and responsibilities for the parties involved.
“These products must not be used and the supplier has the obligation to remedy or refund the amount paid by the consumer. In case of purchase of products unfit for consumption, the consumer can request the replacement of the product with an equivalent one in good condition or a full refund of the amount paid, if the product does not meet safety standards.”
Furthermore, consumers can also request a proportional reduction in price if the product has defects that do not completely compromise its usefulness. In situations of damage to health or safety, the user can request possible compensation for the losses suffered.
There are also court discussions that go beyond standardized products. This is what happens with high-value assets such as vehicles, real estate and electronic products.
As for cars, it is common to find unsuitable goods due to serious mechanical problems that compromise consumer safety or due to the lack of regular vehicle documentation.
“In the real estate segment, consumers are faced with situations of properties with hidden defects, such as structural problems, losses or absence of certificates proving the regularity of the property. There are also cases involving high-value electronic products, such as smartphones and computers frequently present malfunctions or tampering that compromise the safety and functionality of the product”, adds João Valença.
What to do when the product is not suitable?
Initially, consumers are recommended to assert their rights through direct communication with the supplier. In this case it is advisable to formalize the complaint in writing, attaching copies of documents such as invoices and photos of the product.
If the situation is not resolved, experts recommend that the consumer contact Procon, which works to defend consumer rights and can mediate the situation.
A second option is to file a lawsuit to recover damages. This route can be effective if the consumer has evidence demonstrating the purchase and the inadequacy of the product; however, there are additional costs related to court costs and attorney fees.
“The consumer can assert his rights mainly against the supplier of the product, which is the company responsible for sales and marketing. It can be, for example, both the manufacturer and the trader, such as supermarkets or shops. In cases where the product is purchased from Through intermediaries, such as sales sites, the consumer can also ask for responsibility from the platform”, explains Valença.
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Source: Terra
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