Reckless action in law no. 19.496 about the protection of the consumer rights

Abstract

Consumer Protection Law No. 19.496 ascertains basic rights and duties for consumers. However, it does not consider sanctions for the infraction of these duties or other actions in detriment of the suppliers. To the initial situation of unbalance which justifies a special protection for the consumers, an inequality of actions is followed, in which the supplier can only proceed according to the common law remaining outside the protection of a consumption right. The solution currently given by the Consumer Protection Law is the sanction of the reckless action, which is insufficient to protect the rights of the suppliers, given the series of procedural conditions for its determination.