Legal consumer relations in Brazil, including product liability are governed mainly by the Consumer Protection Code (Federal Law No. 8,078/90 (CDC)). The CDC provides for a strict liability regime, in which the suppliers, manufacturers and other players in the consumer chain are considered to be jointly responsible for the defective product. In the absence of a consumer relationship (a relationship in which any individual or legal entity acquires or uses products or services as an end user), Brazilian Civil Code shall be applied for contractual liability and indemnity for illicit acts. Certain aspects of consumer protection legislation are regulated under special rules, such as those established by the National Sanitary Authority (ANVISA) (Law No. 9,782/99) and by the National Telecommunications Agency (ANATEL) (Law No. 9,472/97).
Considering the legal and regulatory framework regarding the protection and defense of consumers, which are legally considered to be in disadvantage before the suppliers and manufacturers, consumers are able to claim their rights in both administrative and judicial spheres, resulting in a great number of consumer cases in Brazil.
Campos Mello’s Litigation practice represents some of the largest suppliers and manufacturers in the Brazilian market, assisting our clients by advising on and defending liability claims before administrative and judicial courts. We also provide efficient solutions regarding market practices of our clients to ensure the proper compliance with the applicable laws and regulations and to help mitigate risks.
Campos Mello Piper represents many of the leading manufacturers of pharmaceutical and medical products in Brazil in pre-litigation and litigation aspects. We also have experience in vaccine negotiations with the government.
Campos Mello offers full-service support on product liability compliance and defense through our team of dispute resolution and regulatory lawyers, who are experienced in working with local regulators and law enforcement agencies to get the best results.
Campos Mello represents Brazil's largest consumer product companies in the food and beverage sector in several aspects, including individual claims and consumer class actions, compliance with local and international standards and regulations, regulatory investigations and product recalls.
Campos Mello represents several entertainment companies, including one of the world’s greatest videogame manufacturers in the market, on regulatory matters and in resolving disputes before administrative and judicial courts.