It is necessary to reasonably distribute the risks of economic activity

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Since the Consumer Protection Code came into force, the Brazilian Judiciary has consolidated the understanding of not distributing the risks of economic activity between the supplier of products or services and the consumer. Systematically, jurisprudence was constructed to attribute any and all responsibility to suppliers, regardless of fault for losses incurred by consumers in a consumer relationship. The inequality between supplier and consumer as an objective data for resolving their conflicts and above all the vulnerable situation of the consumer have always guided the decisions issued by our judges in applying the rules of the aforementioned code.

As a result, after more than two decades of the Germany Phone Number law being in force, an unwanted pattern of disproportionate and unreasonable convictions has been reached, which ends up burdening all interested parties. On the one hand, the supplier of products or services finds himself faced with huge legal liabilities in terms of quantity and value. On the other hand, the consumer starts paying higher prices resulting from the transfer made by the supplier, corroborating the maxim that every judicial decision has a cost to be borne by someone. It is not necessary to waste a lot of ink to demonstrate the direct relationship of cause and effect in a hypothesis.



We cannot also ignore that in a country of continental dimensions, with more than two hundred million inhabitants, where the State is absolutely incapable of meeting the most trivial demands of its population, this jurisprudence ends up being a real relief for our rulers, since it transfers to the private sector numerous obligations that should be fulfilled by the Public Power. Just observe what happens with health plan operators, who, faced with the inefficiency of the Public Power in offering quality healthcare to the Brazilian population, are urged by the Judiciary to provide non-contracted treatments to their users.