In accordance with Decree Nº 10.271/2020 published on 9th March 2020, Brazil has internalized the new MERCOSUR Resolution Nº 37/2019, which aims to adopt minimum standards of protection for consumers in commercial transactions conducted by digital means.
Although many of the legal commitments contained in the Resolution and in enacted Decree are already governed and applied in the Brazil, supported by the Consumer Protection Code (Law Nº 8078/1990) and the Electronic Commerce Decree (Decree Nº 7.962/2013), the new provisions have the function of harmonizing and expanding the basic obligations consumer protection, since it tends to standardize the common legal instruments of protection among all the MERCOSUR member countries (Argentina, Brazil, Paraguay and Uruguay) and associates countries (Chile, Colômbia, Equador, Guiana, Peru, Suriname, Bolívia e Venezuela*).
*Suspended.
The new Decree also obliges the Supplier to offer during the entire purchase transaction process of products or services, the right to sufficient and clear information, making available for all consumers information such as: customer service electronic e-mail address, manufacturer’s identification, identification of product records subject to prior authorization regimes, information about price, including taxes and the breakdown of any additional or accessory costs, payment methods, detailing the number of installments, its periodicity and the total financial cost of the transaction, in the case of sales with payment in installments, among others.
Furthermore, the new Decree draws attention to devices such as the adoption of online, agile and fair dispute resolution mechanisms with special consideration for the most vulnerable consumers and cooperation among national consumer protection agencies.
In Brazil, the digital platform Consumidor.gov.br already offers the public service alternate dispute resolution generated by means of online purchase transactions, which allows direct dialogue between consumers and companies. The digital platform is managed by the National Consumer Secretariat (Senacon) and its technology should be transferred to MERCOSUR member countries, as a way of standardizing and resolving disputes in a uniform manner.
It is worth mentioning that, at the same Conference that approved Resolution Nº 37/2019, the adoption Resolution Nº 36/2019 also took place, still not adopted by Brazil, which established 14 fundamental principles, with the aim of updating the consumer protection systems of member states among them: the principle of sustainable consumption, the principle of human dignity concerning individual persons, 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