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Consumer claims and class actions in Brazil: strict liability, abusive clauses, small claims courts and collective actions

Last verified: 2026-10-27 · Status: Stable

Consumer law is the biggest source of litigation for companies selling to Brazilians: manufacturers, importers and service providers, Brazilian or foreign, are strictly liable for defects, the judge may reverse the burden of proof, consumers may sue at home, and clauses that impose arbitration or limit access to courts are void. Individual claims up to 40 minimum wages (R$64,840 in 2026) go to small claims courts with no first instance costs, where a company that fails to appear is presumed to accept the facts alleged. Collective actions can be brought by prosecutors, public defenders, governments and associations at least 1 year old, without advancing costs; a successful judgment on homogeneous individual rights benefits all victims, who then liquidate their own damages.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. The real moved sharply in late October (R$5.0377 on 23 October and R$5.5007 on 26 October), so conversions are for orientation only.

Key facts

Strict liability of manufacturers and importers, Brazilian or foreign, for product defects	Yes CDC art. 12, as of 1990-09-11 · in force
Consumer right to withdraw from off premises and online purchases	7 daysCDC art. 49; Decreto nº 7.962/2013 art. 5, as of 2013-03-15 · in force
Small claims court ceiling in 2026 (40 minimum wages)	64840 BRLLei nº 9.099/1995 art. 3 I; Decreto nº 12.797/2025, as of 2026-01-01 · in force
Lawyer required in small claims courts	Only above 20 minimum wages (R$32,420 in 2026) and on appeal Lei nº 9.099/1995 arts. 9 and 41 § 2, as of 2026-01-01 · in force
Limitation for consumer damage claims from defective products or services	5 yearsCDC art. 27, as of 1990-09-11 · in force
Minimum age of an association to bring a collective action	1 yearsCDC art. 82 IV; Lei nº 7.347/1985 art. 5 V, as of 1990-09-11 · in force
Compulsory arbitration clauses in consumer contracts	Void CDC art. 51 VII, as of 1990-09-11 · in force

The rule

1. Basic consumer rights include protection against misleading or abusive advertising and abusive clauses, revision of disproportionate clauses or those made excessively onerous by later events, effective prevention and compensation of material and moral damages, individual or collective, and easier defence, including reversal of the burden of proof in the consumer's favour when the judge finds the claim plausible or the consumer vulnerable.Lei nº 8.078 of 11 September 1990 (Consumer Defence Code, CDC), Art. 6 items IV, V, VI and VIII, 1990-09-11 official text · verified 2026-10-27

2. The manufacturer, producer, builder, Brazilian or foreign, and the importer are liable regardless of fault for damage caused by product defects in design, manufacture, assembly, presentation or packaging, or by insufficient information, and escape liability only by proving they did not place the product on the market, that there is no defect, or the exclusive fault of the consumer or a third party. Service providers are likewise strictly liable for defective services, except liberal professionals, whose liability depends on fault. Suppliers are jointly liable for quality defects: if a defect is not fixed within 30 days, the consumer may choose replacement, a refund with correction or a price reduction.Lei nº 8.078 of 11 September 1990 (CDC), Arts. 12 caput and § 3, 14 caput and §§ 3 and 4, 18 caput and § 1, 1990-09-11 official text · verified 2026-10-27

3. A consumer who buys outside the business premises, especially by phone or at home, may withdraw within 7 days of signing or receiving the product or service and recover everything paid, with monetary correction. For e-commerce, the regulation requires the supplier to show clearly how to withdraw, to accept withdrawal through the same tool used to buy, to confirm receipt immediately and to tell the card issuer to cancel or reverse the charge; withdrawal also ends ancillary contracts at no cost.Lei nº 8.078 of 11 September 1990 (CDC); Decreto nº 7.962 of 15 March 2013 (e-commerce regulation), CDC art. 49 caput and sole paragraph; Decreto nº 7.962 arts. 1 item III and 5 §§ 1 to 4, 2013-03-15 official text · verified 2026-10-27

4. Clauses are void by operation of law if they, among others, exclude or limit the supplier's liability (limitation is allowed in justified cases where the consumer is a legal entity), reverse the burden of proof against the consumer, impose compulsory arbitration, let the supplier change the price or the contract unilaterally or cancel it without equal right for the consumer, or condition or limit access to the courts. The voidness of an abusive clause does not void the contract unless its absence imposes an excessive burden despite efforts to fill the gap.Lei nº 8.078 of 11 September 1990 (CDC), as amended by Lei nº 14.181 of 1 July 2021, Art. 51 items I, VI, VII, X, XI, XIII and XVII and § 2, 2021-07-01 official text · verified 2026-10-27 · changed: Lei nº 14.181 of 1 July 2021 (over indebtedness law) added art. 51 item XVII, voiding clauses that condition or limit consumers' access to the courts.

5. The judge may disregard the legal entity when, to the consumer's detriment, there is abuse of rights, excess of powers, breach of law or bylaws, or bankruptcy or inactivity caused by poor management, and whenever the corporate form is an obstacle to compensating consumers. Companies in the same group and controlled companies are subsidiarily liable, consortium members jointly liable and affiliated companies liable only for fault. In a civil liability action the consumer may sue at its own domicile.Lei nº 8.078 of 11 September 1990 (CDC), Arts. 28 caput and §§ 2 to 5; 101 item I, 1990-09-11 official text · verified 2026-10-27

6. Small claims courts (Juizados Especiais Cíveis) hear cases up to 40 minimum wages; choosing them waives any excess except through settlement. Only individuals, micro entrepreneurs, micro and small companies and certain non profit and microcredit entities may sue there, but any company may be sued. Up to 20 minimum wages the parties may appear without a lawyer; a corporate defendant may send an accredited representative (preposto) with power to settle, even without an employment link. If the defendant does not attend the conciliation session or hearing, the facts alleged are taken as true unless the judge is convinced otherwise. There are no first instance costs or fee awards, and appeals go within 10 days to a panel of three judges, with mandatory counsel.
Example: In 2026: small claims ceiling R$64,840; no lawyer needed up to R$32,420. / About US$12,155 and US$6,077.Lei nº 9.099 of 26 September 1995 (Special Courts Law), Arts. 3 item I and § 3, 8 § 1, 9 caput and § 4, 20, 41, 42, 54 and 55, 1995-09-26 official text · verified 2026-10-27

7. Consumer rights can be defended collectively for diffuse rights (indivisible, of indeterminate persons), collective rights (of a group linked by a legal relationship) and homogeneous individual rights (of common origin). Prosecutors, the Union, states and municipalities, public consumer bodies and associations formed at least 1 year earlier with consumer protection among their aims may sue, and the judge may waive the 1 year requirement where social interest is evident. Collective plaintiffs advance no costs or expert fees and associations pay fees and costs only if in bad faith. A judgment on homogeneous individual rights binds everyone only if the claim succeeds, benefiting all victims, while individuals who did not join may still sue if it fails.Lei nº 8.078 of 11 September 1990 (CDC), Arts. 81 sole paragraph items I to III, 82 items I to IV and § 1, 87, 103 items I to III and § 2, 1990-09-11 official text · verified 2026-10-27

8. The public civil action (ação civil pública) covers moral and material damage to the environment, consumers, cultural assets, the economic order, the urban order and other diffuse or collective interests, and may be brought by the public prosecutor, the public defender, governments, public entities and state companies, and associations at least 1 year old with matching aims. It cannot be used for claims about taxes, social security contributions or the FGTS where beneficiaries can be individually identified.Lei nº 7.347 of 24 July 1985 (Public Civil Action Law), as amended by Lei nº 11.448 of 2007 and MP nº 2.180-35 of 2001, Arts. 1 items I to VIII and sole paragraph; 5 items I to V, 1985-07-24 official text · verified 2026-10-27

Forum	Who can sue	Value	Key feature
Small claims court (JEC)	Individuals, micro and small firms	Up to 40 minimum wages, R$64,840 (US$12,155)	No first instance costs; absent defendant presumed to accept facts (Lei nº 9.099 arts. 20 and 54)
Ordinary state court	Any consumer	Any	Consumer may sue at home; burden of proof may be reversed (CDC arts. 6 VIII and 101 I)
Collective action (CDC or public civil action)	Prosecutors, defenders, governments, associations 1 year old	Any	No advance costs; success benefits all victims (CDC arts. 87 and 103)

Where consumer claims go (2026 values at R$1,621 minimum wage).

Worked example

A foreign electronics brand sells online to Brazilian consumers through a local importer. A defective charger causes damage: the consumer can sue the foreign manufacturer and the importer, regardless of fault, at the consumer's own domicile (CDC arts. 12 and 101 I), and has 5 years from learning of the damage (art. 27). A clause in the online terms requiring arbitration in another country is void (art. 51 VII).
A consumer claims R$15,000 (about US$2,812) in a small claims court without a lawyer. The importer must send a representative with power to settle; if nobody appears, the consumer's facts are taken as true (Lei nº 9.099 arts. 9 § 4 and 20).

Step by step

1. Review consumer terms for void clauses: liability caps, compulsory arbitration, unilateral changes and court access limits (CDC art. 51).
2. Set up a process to handle withdrawals within 7 days for online and off premises sales (art. 49) and to fix defects within 30 days (art. 18).
3. Appoint and train prepostos with written power to settle for small claims hearings across states (Lei nº 9.099 art. 9 § 4).
4. Track collective actions against your sector; their outcome can bind you towards all affected consumers (CDC art. 103).
5. Keep product documentation and warnings in Portuguese to reduce information defect claims (arts. 12 and 14).

Common traps

Missing a small claims hearing, which means the consumer's facts are presumed true (Lei nº 9.099 art. 20).
Relying on foreign law, foreign forum or arbitration clauses against Brazilian consumers (CDC arts. 51 VII and XVII, 101 I).
Assuming the group is shielded: group companies are subsidiarily liable and the entity can be disregarded (CDC art. 28).
Treating business customers as outside the CDC: liability caps toward a legal entity consumer are allowed only in justified cases (art. 51 I).

Sources

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