The force of the law from the prism of the secondary precepts of crimes against consumer relationships provided for in the Consumer Defense Code

Abstract

Consumer protection standards reflect a change in post-modern society, demonstrating the legislator's concern for those most vulnerable within a consumer relationship. For a long time, consumers remained without due legal support, subjecting themselves to the hardships found in an unbalanced consumer society. The brazilian legislator, considering consumer protection in the civil and administrative spheres to be insufficient, chose to criminalize conduct, imposing certain sanctions. Thus, the intention was to prevent injuries to the basic rights of the consumer, recognizing criminal dignity to the legal interest protected by Law 8.078/90. In his work The Force of Law, Frederick Schauer highlights that the regulatory framework that protects the environment, health, social security, economic balance, and consumer relations rarely inspires voluntary obedience. Therefore, it is unlikely that a supplier would avoid engaging in certain conduct solely because of a legal imperative, without any coercive element leading to compliance. The aim of developing this article, taking the crimes provided for in the Consumer Protection Code as a parameter, is precisely to address the importance of this coercive element for the law to have effective application, for the law to show its strength.