CONSTITUTIONAL BASIS FOR CONSUMER LAW

THE HIERARCHICAL AND PRINCIPLED FORCE IN COLOMBIAN AND BRAZILIAN LAW

Authors

  • Antônio Carlos Efing Pontifícia Universidade Católica do Paraná (PUCPR)
  • Olenka Woolcott Oyague Colegio Mayor de Cundinamarca University

DOI:

https://doi.org/10.5335/rjd.v38i3.15108

Keywords:

Consumer, constitutionalization of private law, information, favor consumatore, good faith

Abstract

The article analyzes the model of consumer law that has been constructed in Colombia since the Constitution of 1991 and in Brazil, with the Federal Constitution of 1988, by means of the deductive method. It is verified in both cases that the implementation of the constitutional principle has given rise to a process of constitutionalization of contract law by subjecting the economic relations of the market and in these, the consumer relationship to the intervention of the State, translated into special legislation for the consumer and successive jurisprudential rules, which together give rise to the constitutional bases of consumer law in both countries. It is concluded that the principle of consumer protection elevated to constitutional rank is a milestone in both legal systems that stands out as key in the construction of a consumer protection system.

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Author Biographies

  • Antônio Carlos Efing, Pontifícia Universidade Católica do Paraná (PUCPR)

    Professor of Law at the Pontifical Catholic University of Paraná. Doctor of Law at Pontifícia Universidade Católica de São Paulo. Pontifical Catholic University of São Paulo. Invited member of the Commission of Jurists for the improvement of the Consumer Defense Code in Brazil. of the Consumer Defense Code in Brazil.

  • Olenka Woolcott Oyague, Colegio Mayor de Cundinamarca University

    Professor of Private Law at Universidad Colegio Mayor de Cundinamarca and Universidad Católica de Colombia.
    Catholic University of Colombia. D. in Contract and Obligations Law from the Scuola Superiore di Perfezionamento Sant'Anna, Pisa.

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Published

2025-02-28

Issue

Vol. 38 No. 3 (2024): Justiça do Direito

Section

Artigos

License

Copyright (c) 2025 Law of Justice Journal

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

All articles are licensed under the Creative Commons Attribution-NonCommercial-NoDerivations 4.0 International license.

How to Cite

CONSTITUTIONAL BASIS FOR CONSUMER LAW: THE HIERARCHICAL AND PRINCIPLED FORCE IN COLOMBIAN AND BRAZILIAN LAW. (2025). Law of Justice Journal, 38(3), 114-137. https://doi.org/10.5335/rjd.v38i3.15108