New state law creates the Consolidation of Consumer Protection Laws of the State of São Paulo

10/11/2023

In brief

On 6 November 2023, State Law No. 17,832 of 1 November 2023 was published in the official gazette of the State of São Paulo, creating the “Consolidation of the State’s Consumer Protection Laws,” aiming to unify the main existing laws that protect consumer rights in the state. The rationale of this new state law is to consolidate other norms that were dispersed, bringing them together in a single document to facilitate legislative consultation.

More details

State Law No. 17.832/2023 is based on Bill of Law No. 81/2023, which unified more than 70 existing laws protecting consumer rights in São Paulo state legislation.

The consolidation of laws into a single document aims, above all, to facilitate legislative consultation and the preservation of the rights of consumers, promoting greater legal certainty and knowledge of local legislation by consumers.

Although it does not make legal innovations or change other legislation in the sphere of consumer protection, the law reiterates the provisions of the Brazilian Consumer Defense Code (Federal Law No. 8.078/1990) and covers the consolidation of rules in various industries, including rules concerning continuous electricity, water and gas services, and banking and financial services.

The state law also unifies state legislation on the packaging and labeling of genetically modified foods, the sale of pills and tablets by the unit in pharmacies, the use of meal vouchers as a form of payment and rules on registering to block telemarketing calls.

Moreover, the law seeks to segment, in specific chapters, the existing duties, obligations and administrative sanctions to which suppliers are subject, in accordance with the various sectors in which they operate, such as: hotels, bars and restaurants; paid television, mobile telephone and internet service providers; telemarketing service providers; pharmacies; gas stations; transportation; public and private parking lots and providers of vehicle maneuvering and storage services; and promoters of sporting events.

In addition, considering the unification of consumer protection rules in the State of São Paulo, the law also determined the repeal, without modifying the scope or interrupting the normative force, of all the laws that were unified.

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