Consumer and Product Liability

Consumer and Product Liability

Brazil has solid and modern legislation that governs consumer relations in the country, not only the Consumer Protection Code, but also a number of other legal instruments which apply to this type of relationship. Furthermore, there are many situations which acknowledge the existence of a consumer relationship and thus are subject to specific legislation and create many challenges for companies that are a party in such relationships and that intend to do business in the country.

In view of this, Souto Correa relies on a team of experts in Consumer Law and Product Liability, who are able to find solutions for the challenges posed by consumer relations in Brazil. The firm offers representation in legal and administrative proceedings, including before government consumer protection authorities, as well as legal counseling on highly complex matters.

Accordingly, in order to provide such legal counseling, Souto Correa’s Consumer and Product Liability area is prepared to act on the following:

(i.) Handle strategic and complex lawsuits across the country on consumer, product liability and civil liability, in addition to lawsuits against sanctions imposed by consumer protection agencies. Our team has wide experience in individual and class actions, including representation to leading companies, particularly multinationals and associations, resulting in strong presence in State and Superior Courts.

(ii.) Experience in handling administrative actions related to consumer law, including civil investigations and administrative proceedings, in addition to administrative defense of clients against sanctions imposed by consumer protection agencies. Our team has expertise in handling cases before relevant consumer protection agencies, such as the National Office of Consumer Protection (SENACON) and the Public Ministry and the National Council for Advertising Self-Regulation (CONAR).

(iii.) Experience in advising national and international clients on product safety matters, in addition to conducting product recall campaigns.

(iv.) The department regularly provides legal counselling to clients on procedures and policies related to consumer law, including after-sales services, supply and advertising, e-commerce, pricing, digital services, and abusive practices in addition to any other issues arising from consumer relations. We also review procedures and documents, such as terms and conditions, user manuals, warranty terms, and advertising and offer projects.

(v.) Experience in training clients’ legal teams and internal teams on topics involving consumer law.

(vi.)  Guidance to clients on adapting their policies to the personal data protection legislation to consumers.

Souto Correa’s Consumer and Product Liability area stands out in the most important legal guides. In these guides, clients highlight the team’s “solid technical knowledge and their good reputation in the market,” adding: “They can take a stand from both a theoretical and a practical perspective.” “Jorge Cesa is chosen by clients for his experience and for continuously providing reliable service (…). He is especially powerful in representing players in the tobacco, technology, and electronics industries.

Roberta Feiten, partner in charge of the area, is referred to by clients as ‘very intelligent, energetic, and knowledgeable’ (Chambers and Partners).

“Partner Guilherme Rizzo Amaral focuses on strategic litigation matters, notably class actions involving consumer law issues. Clients highlight his ‘experience, technical knowledge and readiness,’ adding that ‘he has a deep understanding of the client’s business’” (Chambers and Partners).

Recent Representations

  • Our team represents a global hospitality platform in several strategic lawsuits filed by users and public authorities across the country, also providing general consultancy services involving the business;
  • The firm represents the largest commercial airline in Latin America in more than 250 civil investigations, class actions and strategic lawsuits, also providing consultancy in several issues involving consumer law;
  • The team represents a global cell phone manufacturer in legal and strategic administrative proceedings related to consumer law all over Brazil, including public civil investigations, class actions, individual indemnity actions, tax foreclosures, and actions to annul fines determined by consumer protection agencies;
  • The team represents a Chinese multinational company which manufactures computers and technology products in administrative proceedings filed by the Department of Consumer Protection and Defense (DPDC), responsible for addressing consumer relations.  It also provides consultancy on several matters related to consumer law;
  • The area represents cell phone manufacturers, as well as an association gathering the manufacturers in a collective action brought by the Public Ministry and the Public Prosecutor’s Office of Minas Gerais, related to alleged risk to human health associated with the use of cell phones;
  • The firm represents a US computer manufacturer in strategic administrative proceedings filed by Brazilian consumer protection authorities, including the Ministry, also providing consultancy on several matters concerning consumer relations;
  • The team represents an electric power company in individual indemnity actions related to environmental public civil actions;
  • The area represents a global software company in strategic public civil actions involving data privacy, consumer rights of minors, and other matters related to consumer rights;
  • The firm represents an association of manufacturers of electronic products in Direct Actions of Unconstitutionality against the enactment of local consumer protection legislation;
  • The area represents a relevant pharmaceutical company in individual indemnity actions related to the occurrence of drug addiction, which allegedly caused harm to the consumer’s health;
  • The team represents an electric power company in annulment actions filed against the PROCON Foundation of São Paulo, for the annulment of administrative fines amounting to more than BRL 10 million;
  • The team represents a global manufacturer of power tools in strategic individual indemnity actions involving product liability, as well as in product recall campaigns.
  • The team represents a pesticide manufacturer in a public civil action involving environmental and consumer law.
  • The area provides consultancy services to a software company focused on the financial market on matters related to consumer law.
  • The team provides counseling to a digital teaching platform on several topics involving compliance with regulatory requirements and e-commerce rules, the Internet Civil Rights Framework, and consumer data privacy.
  • The team represents a global food company on matters related to product safety and product recall campaigns.
  • The area represents an electric power company in more than 120 strategic lawsuits all over the country, involving consumer accident matters, service defects, among other consumer law matters.
  • The area represents a bus travel intermediation start-up in investigations filed by the Public Ministry on matters involving consumer rights, including promotion.


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