Proteção internacional do consumidor: necessidade de harmonização da legislação

Abstract

The goal of this paper is to analyze the international consumer protection and the need to harmonize domestic legislation and trade blocs to balance the legal relationship between the provider of products and services and the consumer, as well as discuss and present the main contradictions in the various systems of substantive and procedural protection to the consumer. Initially, the main points of the message of President John F. Kennedy to the Congress of the United States of America on the importance of the consumer in the economy and the need to protect it are presented. Then it discusses consumer protection by the UN, especially the contents of Res. 39/248 of April, 16th 1985, which presents recommendation to countries, especially developing ones, to the adoption of public policies and appropriate legislation to the reality of the market, with the purpose of protecting the consumer. Finally, the peculiarities of Mercosur, the European Union and the role of private entities (academic and non-academic) in the international protection of consumers are examined. It`s concluded that consumer protection is linked to the enforcement of fundamental rights, being necessary to the international balance between countries. The challenges are increasing due to technological advances and changing business practices, thus requiring joint effort of the countries in the administrative, legislative and judicial elds, as well as from private entities for the harmonization of national and international legislation on consumer protection.