Civil liability as a legal mechanism to protect the consumer from unfair commercial practices.

Abstract

The consumer represents the final link in the contractual process, which results in an imbalance in the relationship between them and the economic agent. Therefore, the legislator has provided legal protection by prohibiting a set of unfair commercial practices under Law 02/04, which defines the rules applicable to commercial practices, as amended and supplemented. In these cases, the consumer becomes a victim of unfair methods used by the economic agent to influence their will, such as presenting specifications that contradict the reality of the products offered or the services provided, creating confusion and misunderstanding in the consumer’s mind, which leads them to enter into the contract. If the economic agent breaches their obligation, they are subject to legal accountability based on civil liability, as it involves a fault committed by them. This may result in the contract being annulled on the grounds of error or fraud, or compensation being awarded to the consumer to remedy the damage suffered, with the aim of protecting the consumer’s material and moral interests