Brazil's Superior Court of Justice rules out automatic 30-day deadline for supplying spare parts under Consumer Code
Takeaway: The Brazilian Superior Court of Justice (STJ) ruled that the 30-day deadline under the Consumer Protection Code (CDC) for fixing defective products does not automatically apply to the supply of spare parts. Since these are distinct obligations, deadlines for supplying spare parts must be determined based on the specific circumstances of each case.
In a recent decision, the 4th Panel of the STJ rejected the automatic application of the 30-day CDC deadline to the supply of spare parts. This position was adopted in Special Appeal No. 1.604.270, filed by Peugeot against a ruling from the Federal District Court in a public civil action brought by the local Public Prosecutor’s Office.
The lower court initially ordered the automaker to deliver spare parts to consumers through its dealership network within 30 days, under penalty of a fine. Since article 32 of the Consumer Protection Code (CDC) — which requires manufacturers and importers to ensure the availability of spare parts — does not set a specific deadline, the lower court applied by analogy the 30-day period established in article 18, §1, which governs product repairs.
The STJ held that these obligations are distinct and should not be treated the same. While article 18 addresses product defects, article 32 deals with the duty to keep spare parts available — without setting a deadline, precisely due to the complexity and variability of such cases.
The STJ emphasized that such deadlines must be established during the enforcement phase, depending on the specifics of the situation.
Although the case originally concerned the automotive sector, the precedent set by the STJ is relevant to all manufacturers and importers subject to the CDC.
To access the full judgment (in Portuguese), click here.
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