MERCOSUR: Incorporation of principles into the consumer protection system

The Ministry of Productive Development incorporated into the national legal system a series of principles established in Resolution No. 36 issued by MERCOSUR, with the aim of expanding the scope of consumer protection.

On September 11, 2020, Resolution 310/2020 was published in the Official Gazette of the Nation, by which the Ministry of Productive Development decided to incorporate into our legal system Resolution No. 36 (the Resolution), issued on July 15, 2019, by the MERCOSUR Common Market Group.

In order to strengthen consumer protection, the Resolution adopted the following 14 principles:

1. Progressivity, not regression: Measures must be adopted to progressively achieve the full realization of consumer rights, without regressing on the standards already achieved.
2. Public order of protection: the consumer protection system is a matter of public order.
3. Access to consumption: Access to the consumption of quality products and services must be guaranteed.
4. Market transparency: In order to ensure market transparency, each State Party must not only have consumer protection regulations but must also control distortions that could affect such transparency.
5. Sustainable consumption: The balance between production/consumption and the environment requires a reduction in the use of non-renewable raw materials and energy, thereby generating less waste and more products suitable for recycling.
6. Special protection for consumers in vulnerable and disadvantaged situations: The legal system must ensure that it provides special protection to consumers who are affected by aggravated vulnerability.

Special protection for consumers in vulnerable and disadvantaged situations: The legal system must ensure that it provides special protection to consumers who are affected by aggravated vulnerability.

1. Respect for human dignity: Human dignity is a principle that must be respected by both market participants and States Parties when implementing public policies, as outlined in Human Rights Declarations and Treaties.
2. Risk prevention: If the product or service carries a reasonable probability of threatening the health or safety of consumers, suppliers must take the necessary preventive measures.
3. Anti-discrimination: Measures must be adopted to ensure that the consumer protection system guarantees a market free from discriminatory acts or omissions.
4. Good faith: This is one of the basic principles that must govern the relationship between the parties to a consumer contract.
5. Information: Consumers must have clear, accurate, and sufficient information so they can choose according to their needs and desires. At this point, we must also keep in mind that Law No. 24,240 stipulates that information will always be free.
6. Harmonization: Based on the principle of good faith, a balance must be achieved between the protection of consumer rights and economic and technological development, so that there is harmony between the interests of the parties involved in the consumer relationship.
7. Comprehensive reparation: This law provides that consumers receive comprehensive reparation for damages caused in a consumer relationship, and the State must provide effective means of dispute resolution and compensation. This is an important inclusion considering that Law No. 24,240 provides for this type of reparation exclusively for class-action lawsuits.
8. Equalization of rights: It invites States to foster consumer confidence in electronic commerce and provides that consumer protection in electronic contracting may not be inferior to that granted in other forms of commerce.