The possibility of offering unavailable goods and then failing to fulfill the offer constitutes an infringement of economic order

Abstract

This article, addressing the issue of offering unavailable goods and non-compliance with the offer as a violation of the economic order, under the terms of Law 12.529/2011. It is essential to understand the interrelationship between the principles of economic order and consumer protection, especially given the growing spread of anti-competitive practices that harm consumer rights. It sought to analyze the concepts of offer and advertising, in the light of the principles of the economic order, based on the assumption that consumer protection is a fundamental manifestation of a balanced economic order. Therefore, the work aims to answer the following problem: is it possibile to consider the offer of unavailable merchandise and the non-fulfillment of the offer as a violation of the economic order? For that, the deductive method was used, through a bibliographic survey, as well as na interpretative one of the brazilian legislation. Finally, it was concluded that, in the current brazilian legal scneario. Although there is no specific mention of the respective practice as a violation of the economic order, it is possible to infer its nature as a violation of the economic order.