• Consumer complaint prevents expiration of rights.
  • December 22, 2017 | Author: Maíra Campos Pinheiro
  • Law Firm: Correia da Silva Advogados - São Paulo Office
  • A complain from a consumer related to defective products that interrupts an expiration of claiming rights, can be made by any means since it is proven.

    Local legislation does not determine a specific way to make a claim, but it is required the proof of supplier’s mistaken science related to the product defect claimed by the consumer.

    The complain that interrupts the expiration of claiming rights (by law, to claim rights for product defects, period is 30 days for durable products, and 90 days for non-durable ones) may, thus, be claimed with documents physically, electronically, or verbally, in person or through telephone. This way, it can be proven by all means, even with witnesses.

    This is the understanding in a recent trial judged by the Superior Court of Justice in the proceedings of Special Appeal 1.442.597-DF that reformulated the decision of the Justice Court that recognized the expiration of claiming rights of the consumer and confirmed de extinction of the sentence, once the complaint was not documented.

    The decision was based on the reality of the market today and on the dynamics of the customer service that exists in the companies, “many companies have available for customers costumer service, known as SAC (in Brazil). They are exclusively to receive by phone, complaints related to product defects.”

    Despite the understanding of the Superior Court, judged by Minister Nancy Andrighi, it is recommended that it is more safe for the consumer to make a written complain and deliver it to the supplier through some way that can provide a receival confirmation.