6

Article 6. The basic rights of the consumer are:

I – protection of life, health, and safety against risks caused by practices in the supply of products and services considered dangerous or harmful;

II – education and dissemination on the appropriate consumption of products and services, ensuring freedom of choice and equality in hiring;

III – adequate and clear information about the different products and services, with correct specification of quantity, characteristics, composition, quality, applicable taxes, and price, as well as the risks they present;

IV – protection against misleading and abusive advertising, coercive or unfair commercial methods, as well as against unfair or imposed practices and terms in the supply of products and services;

V – modification of contractual terms that establish disproportionate payments or their review due to supervening facts that make them excessively onerous;

VI – effective prevention and repair of patrimonial and moral damages, individual, collective and diffuse;

VII – access to judicial and administrative bodies with a view to preventing or repairing patrimonial and moral damages, whether individual, collective or diffuse, ensuring legal, administrative and technical protection to those in need;

VIII – having the defense of their rights facilitated, including the reversal of the burden of proof in their favor in civil proceedings, when, at the judge's discretion, the allegation is plausible or when they are at a disadvantage, according to the ordinary rules of experience;

IX – (Vetoed);

X – the adequate and effective provision of public services in general;

XI – the guarantee of responsible credit practices, financial education and prevention and treatment of over-indebtedness situations, preserving the existential minimum, in accordance with the regulations, through debt review and renegotiation, among other measures;

XII – preservation of the existential minimum, in accordance with the regulations, in the renegotiation of debts and in the granting of credit;

XIII – information about the prices of products per unit of measurement, such as per kilo, per liter, per meter, or per other unit, as applicable.

39

Article 39. Suppliers of products or services are prohibited from, among other abusive practices:

I – conditioning the supply of a product or service on the supply of another product or service, as well as, without legitimate cause, on quantitative limits;

II – refusing to meet consumer demands, to the exact extent of their stock availability, and also in accordance with customs and practices;

III – sending or deliver to the consumer, without prior request, any product, or providing any service;

IV – taking advantage of the consumer's weakness or ignorance, taking into account their age, health, knowledge or social status, to impose their products or services on them;

V – demanding a manifestly excessive advantage from the consumer;

VI – performing services without prior preparation of a budget and express authorization from the consumer, except for those arising from previous practices between the parties;

VII – passing on derogatory information, referring to an act carried out by the consumer in the exercise of their rights;

VIII – placing on the consumer market any product or service that does not comply with the standards issued by the competent official bodies or, if specific standards do not exist, by the Brazilian Association of Technical Standards (ABNT) or another entity accredited by the National Council of Metrology, Standardization and Industrial Quality (Conmetro);

IX – refusing to sell goods or provide services directly to anyone willing to purchase them in exchange for immediate payment, except in cases of intermediation regulated by special laws;

X – raising the price of products or services without legitimate cause;

XI – Device included by MPV #1,890-67, of 10/22/1999 , transformed into item XIII, when converted into Law #9,870, of November 23, 1999 ;

XII – failing to stipulate a deadline for fulfilling its obligation or leaving the determination of its initial term to its sole discretion;

XIII – applying a formula or adjustment index other than that legally or contractually established;

XIV – allowing entry into commercial or service establishments of a greater number of consumers than that set by the administrative authority as the maximum.

46

Contracts regulating consumer relations shall not be binding on consumers if they are not given the opportunity to become aware of their content in advance, or if the respective instruments are drafted in such a way as to make it difficult to understand their meaning and scope.

47

Contractual clauses will be interpreted in a manner that is most favorable to the consumer.

51

Article 51. The contractual clauses, among others, relating to the supply of products and services are null and void if they:

I – make it impossible, exempt or mitigate the supplier’s liability for defects of any nature in the products and services or imply waiver or disposal of rights. In consumer relations between the supplier and the legal entity consumer, compensation may be limited, in justifiable situations;

II – remove from the consumer the option of reimbursement of the amount already paid, in the cases provided for in the present code;

III – transfer responsibilities to third parties;

IV – establish obligations considered unfair, abusive, which place the consumer at an exaggerated disadvantage, or are incompatible with good faith or equity;

V – (Vetoed);

VI – establish a reversal of the burden of proof to the detriment of the consumer;

VII – determine the compulsory use of arbitration;

VIII – impose a representative to conclude or carry out another legal transaction on behalf of the consumer;

IX – give the supplier the option of concluding the contract or not, although obliging the consumer;

X – allow the supplier, directly or indirectly, to vary the price unilaterally;

XI – authorize the supplier to cancel the contract unilaterally, without the same right being granted to the consumer;

XII – oblige the consumer to reimburse the costs of collecting their obligation, without the same right being granted to them against the supplier;

XIII – authorize the supplier to unilaterally modify the content or quality of the contract, after its conclusion;

XIV – violate or enable the violation of environmental standards;

XV – are in disagreement with the consumer protection system;

XVI – allow for the waiver of the right to compensation for necessary improvements.

XVII – condition or limit in any way access to the bodies of the Judiciary;

XVIII – establish grace periods in the event of late payment of monthly payments or prevent the full reestablishment of the consumer's rights and means of payment after the default is cleared or an agreement is reached with creditors;

XIX – (VETOED).

187

Also committing an illicit act is the holder of a right who, in exercising it, manifestly exceeds the limits imposed by its economic or social purpose, by good faith or by good customs.

421

Contractual freedom will be exercised within the boundaries of the social function of the contract.

421-A

Civil and business contracts are presumed to be equal and symmetrical until the presence of concrete elements that justify the departure from this presumption, except for the legal regimes provided for in special laws, also ensuring that:

I – the negotiating parties may establish objective parameters for the interpretation of the negotiating clauses and their assumptions for review or resolution;

II – the allocation of risks defined by the parties must be respected and observed; and

III – contractual review will only occur in an exceptional and limited manner.

422

Contractors are obliged to keep, both in the conclusion of the contract and in its performance, the principles of honesty and good faith.

423

When there are ambiguous or contradictory clauses in the adhesion contract, the interpretation most favorable to the adherent must be adopted.

424

In adhesion contracts, terms that stipulate the early waiver by the adherent of a right resulting from the nature of the business are null and void.

478

In contracts with continuous or deferred performance, if the obligation of one of the parties becomes excessively onerous, with extreme advantage for the other, due to extraordinary and unpredictable events, the debtor may request the termination of the contract. The effects of the decision will be retroactive to the date of service.