A redução artificial da vida útil e a limitação da durabilidade dos produtos: uma análise acerca da obsolescência programada sob a ótica do direito do consumidor

Abstract

The current study aims to highlight the planned obsolescence under the perspective of consumer law. To achieve the goal set it was necessary talk briefly about the emergence of this practice. Besides that, the strengthening of consumer relations and the influence of advertising campaigns on the dissemination of planned obsolescence and the many ways in which the supplier can reduce the useful life of the products were addressed. Going further, it was exposed the treatment that the legal system, based on Federal Constitution and the Consumer Protection Code, gives to the final recipients of products and services. Furthermore, the legal institute for product addictions stands out as a way of establishing a relationship between such a legal structure and programmed obsolescence. Then, bills of laws that aim to combat and regulate programmed obsolescence were analyzed, both through amendments to the CDC, and by creating its own law. To end, it is added that the methodology applied in this study is the exploratory research, since it was intended to expand the knowledge about the practice of planned obsolescence and the need to combat it to protect consumers' rights. In addition, the procedure used was the indirect documentation, in order to use published doctrinal books and scientific articles, beyond to bills presented in the Federal Senate and Chamber of Deputies and judged by the Supreme Federal Court. In conclusion, the approached method was hypothetical- deductive, based on the premise that the obsolescence could be approached as being a hidden addiction, which already has a consolidated legal structure and reaching the conclusion that there must be a proper legal institute to deal with the issue.