Countries › Brazil › Guide › 13. Regulation › Consumer protection in Brazil: strict product liability, defects and warranties, 7 day withdrawal online, abusive clauses, customer service rules and PROCON fines

Consumer protection in Brazil: strict product liability, defects and warranties, 7 day withdrawal online, abusive clauses, customer service rules and PROCON fines

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

Manufacturers, importers and service providers answer for defects regardless of fault, sellers must fix a faulty product within 30 days or replace it, refund or cut the price, and consumers who buy online or away from the store can withdraw within 7 days with a full refund. Clauses that limit liability or impose arbitration are void, regulated services must answer complaints within 7 days, and administrative fines range from 200 to 3,000,000 UFIR. A September 2026 provisional measure set fuel sector fines of R$20,000 to R$500,000,000.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. Conversions are for orientation only.

Key facts

Consumer withdrawal period for purchases outside the store or online	7 daysLei nº 8.078 art. 49, as of 1990-09-11 · in force
Period for the supplier to fix a defective product before the consumer may demand replacement or refund	30 daysLei nº 8.078 art. 18 § 1, as of 1990-09-11 · in force
Period to claim for apparent defects in durable goods and services	90 daysLei nº 8.078 art. 26 II, as of 1990-09-11 · in force
Limitation period for damage caused by defective products or services	5 yearsLei nº 8.078 art. 27, as of 1990-09-11 · in force
Deadline for regulated service providers to answer customer demands	7 daysDecreto nº 11.034 art. 13, as of 2022-04-05 · in force
Deadline for e commerce suppliers to answer consumer demands	5 daysDecreto nº 7.962 art. 4 sole paragraph, as of 2013-03-15 · in force
Maximum consumer fine for fuel sector refusal to sell or unjustified price increases	500000000 BRLLei nº 8.078 art. 57 § 2 (MP nº 1.393/2026), as of 2026-09-25 · pending

The rule

1. 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, formulas, presentation or packaging, and for insufficient or inadequate information on use and risks. Service providers are likewise strictly liable for defective services; liberal professionals answer only on fault. Defenses are limited to not having placed the product on the market, absence of defect, or exclusive fault of the consumer or a third party.Lei nº 8.078 of 11 September 1990 (Consumer Defense Code, CDC), Arts. 12 and 14, 1990-09-11 official text · verified 2026-10-27

2. Suppliers who learn after launch that a product or service is dangerous must inform the authorities and consumers immediately, through announcements in the press, radio and television at their own expense (recall).
Cost to do it: Recall notices in press, radio and television are paid by the supplier.Lei nº 8.078 of 11 September 1990 (CDC), Art. 10 §§ 1 and 2, 1990-09-11 official text · verified 2026-10-27

3. All suppliers in the chain are jointly liable for quality or quantity defects. If a defect is not fixed within 30 days, the consumer may choose replacement, immediate refund with inflation adjustment plus damages, or a proportional price cut; the parties may agree a period between 7 and 180 days, separately agreed in adhesion contracts. Claims for apparent defects lapse in 30 days for services and non durable products and 90 days for durables, counted from delivery or end of the service (from discovery for hidden defects); a documented complaint to the supplier suspends the period. Claims for damage caused by defective products or services expire in 5 years from knowledge of the damage and its author.Lei nº 8.078 of 11 September 1990 (CDC), Arts. 18 §§ 1 and 2, 26 and 27, 1990-09-11 official text · verified 2026-10-27

4. Consumers who contract outside the commercial establishment, especially by telephone, at home or online, may withdraw within 7 days of signing or of receiving the product or service, and must be refunded immediately, with inflation adjustment, all amounts paid. E commerce suppliers must show clearly how to withdraw, accept withdrawal through the same tool used to contract, cancel accessory contracts at no cost, immediately ask the card issuer not to bill or to reverse the charge, and confirm receipt at once. They must also present a contract summary before purchase, confirm acceptance immediately, provide the contract in a storable form, keep an electronic service channel and reply to demands within 5 days.
Cost to do it: All amounts paid, including freight, must be refunded on withdrawal.
Example: A consumer buys a R$2,500 appliance online, receives it on a Monday and withdraws on the following Friday: the seller must refund the full R$2,500, including freight paid. / About US$469.Lei nº 8.078 of 11 September 1990 (CDC); Decreto nº 7.962 of 15 March 2013 (e commerce), CDC art. 49; Decreto nº 7.962 arts. 2, 4 and 5, 2013-03-15 official text · verified 2026-10-27

5. Clauses are void if they exclude or reduce the supplier's liability for defects (limitation is allowed only in justified cases with business consumers), take away refund options, transfer liability to third parties, are abusive or contrary to good faith, reverse the burden of proof against the consumer, impose compulsory arbitration, or allow unilateral price changes or cancellation only by the supplier, among others. Courts may disregard the company's legal personality for abuse, illegality or mismanagement, and whenever it obstructs compensation; group companies are subsidiarily liable and consortium members jointly liable.Lei nº 8.078 of 11 September 1990 (CDC), Arts. 28 and 51, 1990-09-11 official text · verified 2026-10-27

6. Suppliers of services regulated by the federal executive branch must offer a free customer service (SAC) available 24 hours a day, 7 days a week, may not ask the consumer to repeat a registered demand, must give a tracking number and answer demands within 7 calendar days. Cancellation must be accepted through every channel used to contract, with immediate effect regardless of payments due, except for technical processing, and a receipt must be sent.Decreto nº 11.034 of 5 April 2022 (SAC regulation), Arts. 1, 3, 4, 10, 12, 13 and 14, 2022-04-05 official text · verified 2026-10-27

7. Breaches are subject to administrative sanctions applied through administrative proceedings by the consumer protection authorities, including fines, seizure and destruction of products, cancellation of registration, bans on manufacture, suspension of supply or of activities, closure, administrative intervention and counter advertising. The fine is graded by gravity, advantage obtained and the supplier's economic condition, from 200 to 3,000,000 times the UFIR or an equivalent index. A provisional measure of 25 September 2026 added that refusing to meet consumer demand within available stock, or raising prices without just cause (art. 39 II and X), by importers, producers, distributors, transporters or retailers of fuels, biofuels or oil products is fined R$20,000 to R$500,000,000, above the general cap. A provisional measure has the force of law but lapses if Congress does not convert it within 60 days, extendable once for 60 more.
Cost to do it: General fines between 200 and 3,000,000 UFIR; fuel sector fines R$20,000 to R$500,000,000 under the provisional measure.
Example: Fuel sector fine range under MP nº 1.393: R$20,000 to R$500,000,000. / About US$3,749 to US$93,727,740.Lei nº 8.078 of 11 September 1990 (CDC), art. 57 as amended by Medida Provisória nº 1.393 of 25 September 2026; Constitution art. 62 § 3, CDC arts. 56, 57 §§ 1 and 2, 58 and 59; Constitution art. 62 § 3, 2026-09-25 official text · verified 2026-10-27 · changed: Medida Provisória nº 1.393 of 25 September 2026 renumbered the art. 57 sole paragraph as § 1 and added § 2 with fuel sector fines of R$20,000 to R$500,000,000; it must be converted into law by Congress within the constitutional period or it lapses.

Situation	Deadline
Withdrawal from an online or off premises purchase	7 days from contract or receipt
Seller's time to fix a defect	30 days (agreed range 7 to 180)
Consumer claim for apparent defects	30 days (non durables) or 90 days (durables)
Claim for damage from a defective product or service	5 years from knowledge of damage and author
E commerce reply to a demand	5 days
Regulated services SAC reply	7 calendar days

Consumer deadlines that most often matter to foreign sellers. Sources: CDC arts. 18, 26, 27 and 49; Decreto nº 7.962 art. 4; Decreto nº 11.034 art. 13.

Worked example

Imported electronics. A foreign brand sells phones in Brazil through an importer. A battery defect injures a buyer: the manufacturer and the importer answer regardless of fault (CDC art. 12), the buyer has 5 years to sue (art. 27), and if the risk becomes known the companies must run a recall at their own cost (art. 10). A clause in the terms requiring arbitration abroad is void against consumers (art. 51 VII).
Subscription service. A regulated telecom provider must accept online cancellation with immediate effect and send a receipt (Decreto nº 11.034 art. 14); the consumer cannot be forced to call. Demands must be answered within 7 days (art. 13).

Step by step

1. Localize terms of sale for Brazil: Portuguese, clear price and conditions, contract summary, withdrawal instructions (Decreto nº 7.962).
2. Remove clauses the CDC voids, especially liability caps, compulsory arbitration and unilateral changes (art. 51).
3. Set up product safety monitoring and a recall plan that notifies authorities and consumers at once (art. 10).
4. Staff an electronic service channel with a 5 day reply standard, or 7 days for regulated services.
5. Track consumer complaints and claims and fix recurring defects, since administrative fines are graded by gravity, advantage obtained and economic condition (art. 57).

Common traps

Treating the importer as a mere reseller. Importers carry the same strict liability as manufacturers (art. 12).
Imposing arbitration on consumers. Compulsory arbitration clauses are void (art. 51 VII).
Refusing refunds of freight on withdrawal. All amounts paid must be returned (art. 49 sole paragraph).
Making cancellation harder than signing up. Regulated services must accept cancellation through any channel used to contract (Decreto nº 11.034 art. 14 I).
Assuming fuel sector fines are final law. MP nº 1.393 is in force but must be converted by Congress.

Sources

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