Civil liability for hidden vice of the product in relation to the right of indemnity to the consumer

Abstract

Aiming, through the deductive method, to clarify the problem of “what and who is the responsibility when it comes to indemnifying the final consumer of a product ejected from addiction?”, The institute of Civil Liability is examined in relation to the obligation to indemnify the consumer for hidden vices coming from the marketed product. For a better understanding of the theme, after a brief introductory analysis of the Consumer Law in relation to its role in the defense of consumers and about their basic rights, it goes through the product concept, its vices, derivations and distinctions, as well as the concepts of supplier, manufacturer and trader, and final consumer and in the types of Civil Liability under the perspective of the Consumer Protection Code. Afterwards, the consumer's rights and guarantees are analyzed and if the responsibility to indemnify the final consumer of a product lies with the manufacturer supplier or the trader supplier, as well as the exclusions of responsibility, under the aegis of the continuous studies of Consumer Protection Code, the Civil Code, the doctrine and jurisprudence. In view of the study, it was verified that the supplier (manufacturer or trader) had an obligation to compensate the final consumer for the defect in the product available for sale, based on the strict civil liability determined by the Consumer Protection Code. However, the characterization of moral damages will depend on the specific case.