According to Decree No. 10.271/2020, published on March 09, 2020, Brazil adopts and undertakes to comply with the new MERCOSUR Resolution No. 37/2019, which aims to adopt minimum standards of consumer protection in commercial transactions carried out by digital means.
Although many of the commitments contained in the Resolution and the published Decree are already regulated and applied in Brazil, supported by the Consumer Protection Code (Law No. 8.078/1990) and the Electronic Commerce Decree (Decree No. 7.962/2013), the new provisions have the function of harmonizing and expanding the basic obligations of consumer protection, since they tend to standardize the common legal instruments of protection among all MERCOSUR member countries (Argentina, Brazil, Paraguay and Uruguay) and also the Associated countries (Chile, Colombia, Ecuador, Guyana, Peru, Suriname, Bolivia and Venezuela*).
*Currently suspended.
The new Decree also obliges the supplier to offer throughout the entire product and/or service purchase transaction process: the right to clear, sufficient and truthful information, making available to consumers information such as: customer service email address, manufacturer identification, identification of records of products subject to prior authorization regimes, price information, including taxes and the breakdown of any additional or accessory costs, payment methods, detailing the number of installments, their frequency and the total financial cost of the transaction, in the case of installment sales, among others.
Furthermore, the new Decree draws attention to provisions such as the adoption of dispute resolution mechanisms. online, agile and fair with special consideration for the most vulnerable consumers and cooperation between national consumer protection bodies
In Brazil, the Consumidor.gov.br platform already offers a public service for alternative dispute resolution arising from purchasing processes. online, which allows direct communication between consumers and businesses. The platform is managed by the National Consumer Secretariat (Senacon) and its technology will be transferred to MERCOSUR countries as a means of standardization and uniform dispute resolution.
It is worth noting that, at the same event that approved Resolution No. 37/2019, there was also the approval of Resolution No. 36/2019, not yet adopted by Brazil, which established 14 fundamental principles, with the objective of updating the consumer protection systems of the member states, among them: the principle of sustainable consumption, the principle of respect for the dignity of the human person, the anti-discrimination principle, among others.
https://www.mercosur.int/pt-br/documentos-e-normativa/normativa/
http://www.planalto.gov.br/ccivil_03/_ato2019-2022/2020/decreto/D10271.htm
