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:
- 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.
- 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.
- 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.
- 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
- Fair pricing and equal access: Suppliers of products and services should ensure fair pricing and equal access.
- 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.
- 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.
- 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.
- 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.
- 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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