LIABILITY FOR DEFECTS IN PRODUCTS AND SERVICES

Abstract

Among the various obligations of the supplier found within the scope of Consumer Law, there is joint liability and damages compensation. In the first, manufacturers, distributors and sellers are jointly and severally liable for damages caused to the consumer by defects or flaws in products and services. In the case of damages compensation, suppliers must repair the damages caused to the consumer by defects or flaws in products or services, and may be required to replace the product, refund the amount paid or repair the defective product. This study aimed to analyze the legal effects in relation to the type of liability adopted by the Consumer Defense Code in the face of the fact and defect of the product or service. It was based on a bibliographic review, based on scientific articles, books, periodicals and current legislation on the respective subject. Data collection was carried out using databases such as CAPES, Scielo, Google Scholar, among others, from 2019 to 2024. The results made it clear that the supplier's liability is objective, which means that it is not necessary to prove fault or intent. The consumer only needs to demonstrate the existence of the defect and the causal link between the defect and the damage suffered. The consumer is entitled to compensation for material damages and moral damages. With regard to independent professionals, liability for defects in their services is subjective, which means that, in order for the consumer to be compensated, it is necessary to prove that the professional was at fault (negligence, recklessness or incompetence) in the execution of the service.