Brazil

Consumer Law and Climate Change

Executive summary

Climate change presents one of the most pressing challenges of our time, with increasingly severe environmental, social, and economic consequences. In Brazil, the intersection between consumer law and climate action is gaining relevance, particularly through the principle of sustainable consumption. This principle encourages individuals, companies, and governments to adopt consumption patterns that reduce environmental harm and promote long-term sustainability.

Brazilian consumer law, rooted in constitutional and statutory provisions, offers a robust framework to support climate action and consumer environmental empowerment, especially by enhancing environmental information and education and by avoiding greenwashing. The concept of sustainable consumption—endorsed by international instruments and incorporated into national legislation—serves as a legal and ethical foundation for promoting responsible consumption, reducing greenhouse gas emissions, and protecting biodiversity. Local law also addresses principles to be complied with when a supplier intends to promote a green claim or sustainable commitment.

This chapter explores how climate change is influencing consumer law in Brazil and how consumer law can, in turn, contribute to climate mitigation and adaptation efforts.

How climate change is impacting consumer law

Climate change has intensified public concern over environmental sustainability, influencing consumer behavior and expectations. Brazilian consumers are increasingly demanding transparency, accountability, and environmental responsibility from companies. This shift is pressuring businesses to adapt their practices and communications to align with sustainable values, which directly affects how consumer law is interpreted and enforced.

Brazil’s Consumer Defense Code (CDC) plays a central role in regulating commercial practices in light of environmental concerns. Article 37 of the CDC prohibits misleading and abusive advertising, including expressly “those that disrespect environmental values” (Art. 37 par.2) or omit essential information about products and services (art. 37, par. 3). The burden of proof is from the enterprise that has paid the advertising (Art. 38 of the CDC). It is important to say that the CDC imposes criminal fines for the use of misleading and abusive advertising (Art. 66 and 67).

Since 1990, Article 31 of the CDC imposes information about the origin (transgenic or not) and the quality of the product. Articles 30 and 35 consider all information (for example about the ecological and energy qualities of the product) binding and part of the future consumer contract, overcoming the idea of advertising as a simple invitatio ad offerentem still present at the Brazilian Civil Code.

The interpretation of these rules is strict, so the Superior Court of Justice (STJ) ruled about the collective right not to be deceived by consumer advertising (Car sales Case 1828620-Resp), ruled prohibiting advertising and sales of houses constructed without authorization (Case 1539056-Resp) or in protected areas (Case 1161300-Resp), prohibiting the use of the symbol of the environmental agency in an advertising (Case 1653783-Resp), about moral damages in tobacco advertising (Case 1101949-Resp), prohibiting the use of chimpanzees drinking Sodas (Case 159459). The Court also ruled about the post-consumption duties to plastic bottles (Case 684.753-Resp) and that it is possible to consider ‘by-stander-consumer’ (Art. 17 of the CDC), all environmental victims, if the environmental accident can be related to production of consumer products and services (leading case 1365277-Arg in Resp). Many of these cases are collective class action, allowed by art. 81 and 82 of the CDC.

Also the Supreme Constitutional Court (STF) use the CDC rules in many environmental decisions, ruling about the duty to protect the environment linked to consumer market, for example by prohibiting the importation of ‘garbage’, in case of imported used tires to be sold to consumers (Case 101-ADPF 101), by prohibiting the use of asbestos by consumer’s buildings (Case 3937-ADI), ruling about the ecological and ‘social function of property’ and no period of limitation to environmental damages (Case 654833-RE), applying the precautionary principle to prohibit the spraying of chemicals to combat Dengue in commercial airplanes (Case 708-ADPF).

In addition to the CDC, Brazil has an efficient private self-regulatory system for advertising. The Brazilian Advertising Self-Regulation Code, enforced by CONAR (Council of Advertising Self-Regulation), has established specific principles for sustainability-related advertising. Article 36 of the CONAR Code and its Annex U require that environmental claims in advertisements be truthful, verifiable, relevant, and precise. Vague or exaggerated references to sustainability are discouraged, and advertisers must demonstrate the actual environmental benefits of their products or services throughout their lifecycle. The whole principles are the following:

1. Concreteness: Claims of socio-environmental benefits must reflect actual practices adopted by the company. Vague or overly broad concepts that may lead to misinterpretation are discouraged.
2. Truthfulness: Advertisements must be honest and fact-based, avoiding exaggerations or misleading representations of environmental impact.
3. Accuracy and Clarity: Language used must be clear, precise, and understandable to the general public, avoiding technical jargon that could obscure the message.
4. Proof and Sources: Claims must be supported by evidence, including reliable sources or third-party endorsements that validate the environmental benefits.
5. Pertinence: The environmental claims must be relevant to the company’s sector, brand, product, or service. Generic or unrelated sustainability appeals are not considered appropriate.
6. Relevance: The benefits communicated must be significant and meaningful, not trivial or marginal in their environmental impact. No Absolute Claims: Advertisements must avoid absolute or unbeatable superiority claims (e.g., “100% sustainable” or “the greenest product ever”) unless they can be objectively proven.
7. Cause-Related Marketing: If the advertisement involves a partnership with a socio-environmental cause, it must explicitly identify the cause and the involved entities. The advertiser must have authorization to use the name or credibility of the institution.

Climate change exacerbates consumer vulnerability, especially in regions affected by extreme weather events, resource scarcity, and environmental degradation. In this context, consumer law must evolve to address new risks, such as access to essential services, product and service safety under changing and extreme environmental conditions, and fair treatment in climate-related disruptions.

The floods that struck Porto Alegre in 2024 exemplify this dynamic: consumers were subjected to abusive pricing of drinking water, cooking gas, transportation and frequently endured service cancellations without adequate support. Such conditions reveal how climate-related crises magnify consumer dependency and reinforce monopolistic practices under states of calamity.

Due to this scenario, regulatory agencies in Brazil, including the National Consumer Secretariat (called SENACON) and Consumer Protection and Defense Program (called PROCON), are increasingly integrating climate-related criteria into their oversight of consumer markets. This includes monitoring product labeling, advertising practices, and corporate sustainability disclosures, see as example the ‘Dieselgate’ scandal (Technical Note 54/2019/CSA- SENACON/CGCTSA/DPDC/SENACON/MJ). The same happens NGOs such as IDEC (Brazilian Consumer Defense Institute) and the District Attorney’s Office that have been increasing scrutiny on the matter.

As we mentioned above, Brazilian courts have begun to recognize the relevance of environmental claims in consumer disputes. Cases involving misleading advertising, unsustainable product practices, or failure to disclose environmental impacts are gradually gaining traction and are increasingly being litigated under consumer law principles. The climate change awareness is great by the Brazilian System of Justice, now working almost only Digital (Sustainable Logistic Plan), added by the Justice Program ‘Carbon Zero’ (Resolution National Judiciary Council-CNJ 400/2021) and the introduction of the annual Info panel about Carbon Emissions (Res. CNJ 594/2024).   

How consumer law may help to address climate change

Consumer law can serve as a powerful tool to promote sustainable consumption patterns. By encouraging the purchase and use of environmentally responsible products, the legal framework helps reduce greenhouse gas emissions and environmental degradation.

The CDC in Article 4, establishes the National Consumer Relations Policy, which includes harmonizing consumer protection with other fundamental principles of the constitutional economic order, among them the defense of the environment. (art. 170, Federal Constitution)

Law No. 14,181/2021, known as the Overindebtedness Law, updated the CDC and the Elderly Statute, primarily to improve consumer credit regulation and prevent over-indebtedness, but also introduced new principles and rights. Specifically, Article 4 now includes: (IX) promotion of financial and environmental education for consumers. The inclusion of environmental education in principle IX aligns Brazilian consumer law with the UN Guidelines for consumer protection and the Sustainable Development Goals (Agenda 2030), effectively such provisions empower consumers through environmental information, supporting informed choices and guiding the consumer market toward sustainability.

One of the most direct ways consumer law contributes to climate action is by preventing greenwashing—the practice of making false or exaggerated environmental claims. Article 37 of the CDC prohibits misleading advertising, including environmental claims that cannot be substantiated. Additionally, the CONAR Code provides specific guidance on green claims, requiring that they be truthful, verifiable, and not misleading.

Consumer law can also influence corporate behavior by holding companies accountable for the environmental impacts of their products and services. The CDC includes provisions that prohibit contractual clauses or practices that violate environmental rules (Article 51, XIV).

Legal instruments such as the National Policy for Sustainable Consumption Education (Law No. 13,186/2015) promote environmental education as a consumer right and a public duty. This policy aims to empower consumers with knowledge about the environmental and social impacts of their consumption choices.

This Law defines sustainable consumption as the use of natural resources in a manner that ensures quality of life for the present generation without compromising the needs of future generations. Among its objectives are the promotion of behavioral change, the reduction of water, energy, and natural resource consumption, the encouragement of reuse and recycling of products and packaging, and the enhancement of transparency regarding product life cycles. The law also assigns to public authorities the responsibility of promoting educational campaigns and training teachers to incorporate the topic into school curricula.

Another important legislation that links consumer protection and environmental protection arises from the take-back requirement framework. Brazil has implemented a reverse logistics system as part of its National Solid Waste Policy (Law No. 12,305/2010), which requires manufacturers, importers, distributors, and retailers to take responsibility for the post-consumption return of certain products and packaging. This system enables consumers to return items such as electronics, batteries, tires, and packaging materials to designated collection points, ensuring proper disposal, recycling, or reuse. By diverting waste from landfills and reducing the need for raw material extraction, reverse logistics helps lower greenhouse gas emissions and mitigates the environmental impacts associated with unsustainable consumption. The active participation of consumers in returning products is essential to closing the loop in the product lifecycle and advancing Brazil’s climate and sustainability goals.

Consumer law provides mechanisms for individuals and organizations to seek redress when environmental claims are violated. Administrative agencies like SENACON and PROCON, as well as judicial avenues, allow consumers to challenge misleading practices and demand compensation or corrective measures. The same happens NGOs such as IDEC and the District Attorney’s Office that has been increasing scrutiny on the matter by filing class action against suppliers and initiating investigations in the administrative level.

Consumer law can be aligned with national and international climate goals. Brazil’s commitments under the Paris Agreement and its domestic climate policies can be supported by consumer protection strategies that promote low-carbon consumption, energy efficiency, and sustainability as a whole.

Future trends

As climate change continues to reshape consumer expectations and regulatory priorities, Brazil is likely to see further integration of environmental principles into consumer protection laws. Future reforms may include more explicit provisions on sustainable consumption, mandatory environmental disclosures, and stricter enforcement against greenwashing.

The CDC is also evolving in this context. Bill No. 3,514/2015, currently under consideration in the Brazilian parliament, explicitly integrates environmental dimensions into consumer relations. Beyond addressing challenges posed by digital consumption, the bill proposes sustainability as a fundamental consumer right, aligning the Code with the National Solid Waste Policy. The main innovations proposed in the reform include: establishing sustainable consumption as a guiding principle of the National Consumer Relations Policy; expanding the duty of care for product and service quality to include environmental risks; and defining abusive practices related to offering goods or services with negative environmental impacts. These developments indicate a growing convergence between consumer protection and environmental law, reinforcing the need for sustainable production and consumption patterns and intergenerational protection.

Federal, State and Local consumer protection agencies, such as SENACON and PROCONs, are expected to play a more active role in monitoring climate-related claims and promoting sustainable consumption. Enhanced coordination between consumer authorities and environmental regulators is key to assure consistent enforcement. Private advertising oversight bodies like CONAR will be essential to ensure advertising fairness, evolution and public trust. IDEC has led numerous initiatives to combat misleading environmental advertising, including formal complaints against companies accused of greenwashing and abusive marketing practices targeting vulnerable populations.