Flawed or Defective Products: Deadlines for Repair, Replacement and Refund Under Brazil’s Consumer Protection Code (CDC)

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Did you buy a product that arrived with a problem, only to have the store refuse to exchange it on the spot? Brazil’s Consumer Protection Code does not guarantee an immediate exchange in most cases, but it does set clear deadlines for repair, replacement and refund, deadlines that many consumers don’t know about.

What the law means by a product flaw

In everyday speech, we call any problem with a product a defect. The law, however, draws an important distinction. A flaw (vício) is a failure that makes the product unfit or inadequate for its intended use, or that reduces its value, such as a refrigerator that doesn’t cool, a phone that freezes, or a shoe whose sole comes off in the first week. A flaw affects how the product works or its quality, without necessarily causing greater harm to the buyer.

A defect (defeito), in the technical sense, is a flaw that goes beyond the product itself and affects the consumer’s health, safety or property, such as an appliance that starts a fire or food that causes poisoning. In those situations, liability and deadlines are different, and they are addressed in Articles 12 and 27 of the Consumer Protection Code. The most common situation in retail, and the one that guides the sections below, is the flaw.

Flaws are also divided according to how easy they are to notice. An apparent flaw is one that is easy to detect, noticed through simple use or inspection, such as a scratch on a screen or a missing part. A hidden flaw only shows itself after some time of use, such as an engine that fails months after purchase. This difference is decisive, because it changes when the deadlines for filing a complaint begin to run.

The 30-day period for the supplier to fix the problem

When a product has a flaw, you are not limited to going after the manufacturer. Article 18 of the Consumer Protection Code establishes joint and several liability: the store, the distributor, the manufacturer and the importer are all responsible together. This means you can demand a solution from whoever sold you the product, without being forced to go through a long runaround chasing the manufacturer. The choice of whom to complain to is yours.

Once you file your complaint, the supplier has up to 30 days to fix the flaw. This is the point that causes the most confusion: the store has the right to try to repair the product before replacing it or refunding your money. For that reason, in most cases there is no obligation to immediately swap the new product for another one. The repair period is a legitimate chance to fix the problem, and only after it passes without a solution do the other options open up.

If the 30 days pass and the flaw has not been resolved, you can freely choose among three options. The first is replacement of the product with another of the same kind, in perfect working condition. The second is an immediate refund of the amount paid, adjusted for inflation, without prejudice to any losses and damages. The third is a proportional reduction in the price, when the buyer prefers to keep the product and receive a discount for the flaw.

There are important exceptions. The parties may agree to shorten or extend the 30-day period, within a range of 7 to 180 days. In addition, you may demand one of the three options right away, without waiting for a repair, when fixing the product could compromise its quality, when the item is essential, or when the flaw is serious. A refrigerator sitting broken in a home, for example, hardly allows for a long wait.

This means you can demand a solution from whoever sold you the product, without being forced to go through a long runaround chasing the manufacturer.

How long you have to file a complaint

Having the right is not enough: you have to exercise it on time. Article 26 of the Consumer Protection Code sets the forfeiture periods (decadência, the loss of a right through the passage of time) for complaining about apparent or easily detected flaws. The periods are 30 days for nondurable products, such as food and cosmetics, and 90 days for durable products, such as appliances, furniture and vehicles. Once the period expires, you may lose the right to demand a solution.

The clock starts, as a rule, when the product is actually delivered. In the case of a hidden flaw, one that could not be noticed at first, the period only begins to run from the moment the problem becomes evident. This is a fair protection: it would make no sense to penalize consumers for failing to complain about something they had no way of knowing about when they bought the product.

The period also does not run without interruption. A complaint that is provably made to the supplier stops the forfeiture clock until the supplier gives an unequivocal negative answer. That is why it is so important to keep a record of every complaint: service protocol numbers, messages, e-mails and service order numbers. These records preserve your right and serve as evidence if the dispute ends up in court.

Legal warranty, contractual warranty and the right of withdrawal

Many consumers mistake the warranty offered by the store for the only period that exists. The legal warranty is automatic, comes from the law and does not depend on a contract: these are the periods in Article 26 that we just reviewed. The contractual warranty, provided for in Article 50, is a voluntary supplement offered by the supplier, which is added to the legal warranty and must be provided in writing. One does not cancel the other, and the contractual warranty can never reduce the minimum protection guaranteed by law.

There is also the right of withdrawal, which is not the same thing as a flaw. In purchases made outside the seller’s physical premises, such as online or by phone, you may back out of the deal within 7 days of receiving the product, without having to give a reason and without any penalty. In that case, the amounts paid are refunded in full, adjusted for inflation. The rule applies even when the product has no problem at all, simply because it was not bought in person.

In practice, knowing these differences helps you avoid losing your rights and getting the canned responses from customer service. Always keep the receipt, put every complaint in writing, and check whether the flaw is apparent or hidden so you can calculate the correct deadline. When a supplier fails to comply with the law, the path goes through consumer protection agencies and, if necessary, through the courts, where good documentation makes all the difference in the outcome.

Frequently Asked Questions

Does the store have to replace a flawed product on the spot?

No, not in most cases. The supplier has up to 30 days to fix the flaw. Only after that period passes without a solution can you demand a replacement, a refund adjusted for inflation, or a reduction in the price. Immediate replacement is only required in special situations, such as an essential product or a serious flaw that compromises the product’s use.

What is the deadline for complaining about a flawed product?

It is 30 days for nondurable products and 90 days for durable products, counted from actual delivery. For a hidden flaw, the period only starts to run when the problem becomes evident. Putting your complaint in writing stops the clock until the supplier gives a clear answer, preserving your rights as a consumer.

Can I return a product I bought online even if it isn’t defective?

Yes. For purchases made outside a physical store, such as online and by phone, you have a right of withdrawal within 7 days of receiving the product, with no need to give a reason. The amount paid must be refunded in full and adjusted for inflation, regardless of whether the product has any operating problem.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.