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Brazil: SENACON publishes technical note with “Guidelines for Confronting Racism in Consumer Relations”

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In brief

On 16 May 2023, the National Consumer Secretariat (SENACON) published Technical Note No. 14/2023, establishing guidelines for confronting racism within the scope of consumer relations (“Guidelines“).

SENACON created the Guidelines with the objective of magnifying principles and practices that aim to confront structural racism, with effects on consumer relations, and that are based on international legislation and the Brazilian legal system. The Guidelines are as follows:

  1. Equality and non-discrimination: The protection of black consumers must be based on the principles of equality and non-discrimination, ensuring respect for dignity and the elimination of all forms of discrimination and violence.
  2. Protection of black consumers’ rights: The protection of the rights of black consumers should be ensured by guaranteeing against racist commercial practices and against discrimination in the conditions of access to products and services, including through algorithm combinations and boosting racist hate speech on social networks.
  3. Education and awareness: Education and awareness about the rights and appreciation of black people’s culture must be promoted, aiming for the elimination of stereotypes and prejudice in general society.
  4. Non-racist advertising: Suppliers of products and services must adopt a non-racist communication in advertising campaigns and the use of stereotypes should not be permitted, as well as the promotion of products or services that reinforce stereotypes, and suppliers must always attend to the ethno-racial diversity present in consumer relations
  5. Fair pricing and equal access: Suppliers of products and services should ensure fair pricing and equal access.
  6. Safety and quality assurance: Suppliers of products and services must ensure quality and safety control measures from manufacturing to marketing, and information about the risks associated with use must be clearly communicated to consumers.
  7. Black consumer participation in decision making: Black consumers must be represented and have an active voice in bodies and instances of the protection of rights arising from consumer relations to ensure that protection policies are sensitive to their needs and interests.
  8. Cooperation and partnership: The protection of black consumers must be promoted in the cooperation between the members of the National Consumer Defense System, protection agencies, human rights organizations, and suppliers of products and services to establish harmony in consumer relations.
  9. Regulation and surveillance: The practices of protection for black consumers must be based on clear and effective legislation that ensures equal treatment in their access to consumer products and services.
  10. Promotion of affirmative actions: Suppliers of products and services and protection agencies must promote affirmative actions to foster equality and combat racial discrimination in consumer relations.

The document prepared by the authority relates to Technical Note No. 06/2023, which establishes the Guidelines for Women Consumer Protection and Defense in March 2023. SENACON’s actions are increasingly focused on the necessary inclusion and protection of consumers with aggravated vulnerability. 

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. As a Senior Partner, she is the Head of the Environment, Climate Change and Sustainability practice group in Brazil. She coordinates the sustainability initiatives conducted by the office. In the environmental and sustainability area, she coordinates several of the biggest cases of contamination and environmental regularization in the country. Renata provides advice on negotiations with authorities; judicial and administrative litigation; review of environmental aspects of financial institutions and operations; drafting and negotiation of environmental provisions in contracts and other commercial operations. She has vast experience in dealing with environmental management, legal audit and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits. In matters related to Consumer Law, she conducts analysis of aspects of Consumer Law in contracts and commercial transactions, judicial and administrative litigations; works on the negotiated solution of matters related to Consumer Law; celebration of agreements with competent authorities; analysis, planning and supervision of legal aspects of recalls; marketing strategies and campaigns; aspects of Consumer Law in electronic commerce and in matters related to information technology and on the development of preventive policies and strategies for companies. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations. In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization. In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code. Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Beatriz Spalding joined the firm in 2020. She integrates the Environment, Consumer & Social Responsibility practice group, with focus on Strategic Consumer Protection. Ms. Beatriz Spalding has expertise in drafting memos and consultations with clients involving the perspective of legislation, case law and good practices in Consumer Protection Law, including matters involving digital aspects and e-commerce. She also acts in litigation and administrative proceedings involving authorities in the sphere of consumer protection relations, recall campaigns, review of internal policies and terms and conditions of companies and other preventive strategies from the perspective of Consumer Law. Beatriz represents several clients in the Automotive, Chemicals, Technology, Food, Communications and services sectors.
Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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