Prazo decadencial para a reparação por vício oculto nos produtos duráveis

Abstract

This work aims to analyze the initial period for the consumer to complain in cases of hidden addiction to a durable product, which manifests itself after the end of the contractual guarantee. The hidden addiction is one in which the identification does not occur at the time of its acquisition, arising only during its use, during the life of the product. Many of the problems that lead consumers to the judiciary or to consumer protection agencies are the so-called hidden addictions and they are sources of conflicts between suppliers and consumers. There are a significant number of consumers who do not know what a hidden addiction is and what their rights are in the emergence of this situation. The Consumer Protection Code took care to differentiate between apparent defect and hidden addiction. In the work path, the route of conduct that the consumer should pursue if the problem identified in the product is characteristic of a hidden addiction will be addressed. The methodology used when preparing this work was carried out through a bibliographic research, in the qualitative model, covering the current legislation, combined with the reading of articles published in physical and virtual environment, all focused on the subject in question, as well as the analysis of real cases in jurisprudence. It remains clear that the guarantee against hidden addictions to durable products is not conditioned on the date of purchase and / or issuance of the invoice, nor on the date of delivery of the product, but rather from the manifestation of the hidden addiction that is externalized within the lifetime useful product.