RIGHT OF THE CONSUMER INTRODUCTION In 1962, the president of the United States, John Kennedy, by means of a message, recognized
certain basic rights of the
consumer, as the right to the security, the right to the information, the right to the choice and the right of being heard, creating itself, of this form, a new right, of the consumer. In the protection of the consumer, they are the four main axles received for the legislation: protection against commercial usage disloyal and abusive; information, formation and education of the consumer; representation, organization and consultation; protection of the consumer against defective and dangerous products. The civil liability of the supplier meets in this last axle, representing one of the most important aspects of the protection of the consumer. This subject meets disciplined in arts. 12 and ss. of the Code of Defense of the Consumer. Art. 12 cited makes use that the supplier will answer independently "of the guilt existence", leaving clear the choice of the legislator for the call objective responsibility, what it represents for many the biggest innovation of the mentioned Code. The adoption of the objective responsibility of the producer was introduced by a Directive one of the Economic Community Européia, approved in 25.7.1985. The analysis of the responsibility for the fact of the product, in the Code of Defense of the Consumer, estimates a distinction enters the notion of defective product (art. 12, § 1.º, of the CDC) and the concept of vice of the product (art. 18 of the CDC), presenting diverse consequences in the applicable legal regimen in the another one or one case. 1, CONSUMER CONCEPT art. 2.º of the Code of Defense of the Consumer makes use the consumer concept: consumer is all natural person or legal who acquires or uses products or services as final addressee. The consumer is the end of the economic chain, is that one that has necessity of the product or the service, that acquires it for its use. The protection system takes in account the vulnerability and the hiposuficiência of the consumer, as arts. 4.º, Inc.. I and 6.º, Inc.. VIII, respectively. The vulnerable consumer is that one that does not control the production line of that it consumes, and hiposuficiente is that one that congregates economic conditions favorable. Arts. 4.º and 6.º complete art. 2.º in a systematic interpretation, since it all takes in account the system of the Code. The pair ún. of art. 2.º equalizes the collective of people, that still indetermináveis, to the consumer, since whom it has intervisto in a
consumption relation. Then, the legal relationship of consumption protected for the CDC can be individual, collective or until diffuse, in case that they are indetermináveis people. To use the Code of Defense of the Consumer, it has necessity of a consumer who acquires product of a supplier. 2, SUPPLIER CONCEPT art. 3.º of the CDC brings the concept of supplier: or legal, public or private, national or foreign natural person, as well as the depersonalized beings, who develop the activities of production, assembly, creation, construction, transformation, importation, exportation, distribution or commercialization of products or rendering of services. Who exerts these activities, habitually, is considered supplying. 3, Art. PRODUCTS 3.º, § 1.º, of the Code of Defense of the Consumer. Product is any good, furniture or property, incorporeal material or, object of a consumption relation. The product is object of the consumption relation when destined to the satisfaction of the necessity of the consumer and when it will have economic value (it could be appropriate for the consumer). Sample Gratis could be considered product for ends of use of the CDC, since it possesss a value and it can be appropriate. 4, Art. SERVICES 3.º, § 2.º, of the Code of Defense of the Consumer. Service is any activity supplied in the market of consumption by means of remuneration, also of banking, financial nature, of credit and securitária, except for the decurrent ones of the relations of working character. The service that will not be remunerated (gratuitous service), could not be part of a consumption relation. If it will have remuneration, that still indirect, it will have consumption relation. The concept includes the service public. 6.1. PROTECTION To the LIFE, HEALTH and SECURITY Of the CONSUMER the consumer must be informed by the supplier on the risks of the product or the service. The dangerous product - except if the danger she will be extreme - could be vendido in the market, since that the consumer is informed of the danger. If the product was placed without risk of danger in the market, however, later perceives its danger, will continue existing the information duty and the product will have to be removed of the market. The product can be removed by the proper supplier (recall) or by the State, for its coercitive force.