The role of the 1988 Brazilian Constitution in regulating the economic order and consumer relations

Abstract

The 1988 Federal Constitution plays a fundamental role in structuring the Brazilian economic order and protecting consumer rights, representing a historical milestone that reflects the State's concern in promoting a fair and equitable environment for consumer relations. This study aims to analyze how the 1988 Federal Constitution influenced the structuring of the Brazilian economic order and the protection of consumer rights. To this end, a bibliographic and documentary research methodology of a descriptive nature was used, with a deductive approach and comparative procedure, using the law itself as the primary source and doctrines and articles as secondary sources. In light of the above, it is undeniable that the constitutional guarantees conferred on consumers in Brazil represent a significant advance in safeguarding their fundamental rights. These guarantees give consumers a stronger position in consumer relations, providing greater balance and protection against abusive practices. The 1988 Constitution and the Consumer Protection Code not only established a robust legal framework but also promoted a cultural shift by recognizing the consumer as an essential part of consumer relations. The constant adaptation to new economic and technological realities demonstrates the vitality of these norms in defending dignity, safety, and equity in commercial transactions, through updated interpretations and flexible application. This is because these norms seek to keep pace with market transformations and guarantee consumer protection in different contexts, reaffirming the State's commitment to ensuring a fair and balanced environment for Brazilian consumers.