Consumer Rights in Brazil for Foreigners — Plain English Guide

Who is protected — and who must comply

The CDC defines a consumidor (consumer) as anyone who acquires goods or services as an end user (Art. 2). It does not matter if you're a tourist staying for a week, an expat with a permanent visa, or a Brazilian — you have the same rights.

The fornecedor (supplier) is any Brazilian or foreign company that sells goods or provides services in Brazil. This includes airlines, hotels, restaurants, tour operators, e-commerce, telecom and banks.

The CDC creates a presumption that the consumer is the weaker party (hipossuficiência). Courts interpret unclear contract clauses in favor of the consumer (Art. 47).

The right of withdrawal — 7 days for online purchases

Article 49 of the CDC gives consumers 7 days from receipt to cancel any purchase made outside a physical store (online, by phone, by catalog) without giving any reason and with full refund of all costs paid, including shipping.

This is one of the strongest right-of-withdrawal rules in the world. It applies to: - E-commerce purchases (Amazon Brazil, Mercado Livre, Magazine Luiza) - Online travel bookings — including non-refundable hotels and flights, with limits - Subscription services - Phone and door-to-door sales

Important: the 7 days start counting from the day you receive the product or sign the service contract, not the day of order.

Defective products — your warranty rights

Article 26: you have the right to complain about defects: - 30 days for non-durable goods (food, cosmetics) and non-durable services (haircut, restaurant meal) - 90 days for durable goods (electronics, appliances, vehicles) and durable services (renovation, machine repair)

If a defect is hidden (not obvious at purchase), the deadline starts when you notice it.

Article 18: when you complain about a defect, the seller has 30 days to fix it. If they don't, you can choose: - Full refund (with monetary correction) - Replacement with an equivalent product - Proportional price reduction

The defect-fixing deadline can be extended only by written agreement, never beyond 180 days.

Where and how to complain

Brazil offers an unusually accessible complaint ladder:

1. consumidor.gov.br — Federal government portal. Free, online. Companies adhere voluntarily but the largest ones must respond within 10 days. Resolution rate ~80%. Available in Portuguese only — use Google Translate or our app's chat.

2. PROCON (consumer protection agency) — present in every state capital and most major cities. Walk-in service or online. Can mediate, fine companies, and forward serious cases to the Public Ministry.

3. ANATEL, ANS, ANAC — sector-specific regulators (telecom, health insurance, aviation). Many tourists use ANAC for flight complaints.

4. Juizado Especial Cível (JEC) — the small-claims court. For amounts up to 40 minimum wages (BRL ~58,000 in 2025). For up to 20 minimum wages, no lawyer is required. Fast (3-12 months), cheap (often free), and effective.

5. Civil action with a lawyer — for amounts above 40 minimum wages or for collective claims.

Common consumer issues for foreigners

• Hotel charges you didn't authorize: photograph the bill, refuse to pay disputed items, demand the manager. CDC Art. 39 forbids billing for services not requested.
• Tour operator changes itinerary: under Art. 35, you can demand the original service, accept replacement, or cancel with full refund. Document the original promise (advertising materials, emails).
• Airline cancels or delays: ANAC Resolução 400/2016 entitles you to assistance (food, communication, hotel) and a refund or rebooking. Long delays or cancellations may also generate moral damages.
• Restaurant adds 10% service charge: this is optional in Brazil. You can refuse it without explanation.
• Foreign credit card not working: notify your bank in advance, carry a backup card and some cash. Brazilian merchants legally cannot impose surcharges on credit card payments (Lei 13.455/2017).

Frequently asked questions