Search for:

In brief

On 6 November 2023, State Law No. 17,832 of 1 November 2023 was published in the Official Gazette of the State of Sao Paulo, creating the “Consolidation of the State’s Consumer Protection Laws,” which aims to unify the main laws that protect consumer rights in the state, bringing them together in a single document to facilitate legislative consultation.


Details

State Law No. 17.832/2023 is based on Bill of Law No. 81/2023, which consolidated more than 70 existing laws protecting consumer rights in Sao Paulo.

The consolidation of laws into a single document helps facilitate legislative consultation and protect consumer rights as it promotes greater legal certainty and knowledge of local legislation by consumers.

Although it does not introduce any legal innovations or propose changes to existing consumer protection laws, the law reiterates the provisions of the Brazilian Consumer Defense Code (Federal Law No. 8.078/1990) and consolidates the rules in various industries, including rules concerning the provision of continuous electricity, water and gas, and banking and financial services.

The state law also unifies state legislation on the packaging and labeling of genetically modified foods, the sale of pills and tablets by the unit in pharmacies, the use of meal vouchers as a form of payment, and the rules on registration to block telemarketing calls.

Moreover, the law seeks to segment, in specific chapters, the existing duties, obligations and administrative sanctions to which suppliers are subject in accordance with the various sectors in which they operate, such as hotels, bars and restaurants; paid television, mobile telephone and internet service providers; telemarketing service providers; pharmacies; gas stations; transportation; public and private parking lots and providers of vehicle maneuvering and storage services; and promoters of sporting events.

The consolidation of consumer protection rules in the State of Sao Paulo repeals, without modifying the scope or interrupting the normative force, all the laws that were unified.

* * * * *

LOGO_TrenchRossiWatanabe_Brazil

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

Author

Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee. Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders. Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing 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 and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

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.

Write A Comment