Brazil's Consumer Defense Code in aesthetics: what applies
Quick facts
- Definition
- Brazilian federal law that protects those who buy products and services as end users (Law 8.078/1990).
- Scope
- Applies to health and aesthetic services provided by a clinic or professional.
- Points of attention
- Clear information, honest advertising, readable contract, deadlines and liability.
- Notice
- Informational text; consult a lawyer for your case.
Brazil's Consumer Defense Code (CDC), Law 8.078/1990, protects those who contract services as end users. The relationship between a patient and an aesthetics clinic usually fits that concept, so the CDC rules go along with the care, from advertising to post-procedure follow-up.
Which points matter most for HOF?
| Topic | What matters in practice |
|---|---|
| Duty to inform | Explain indication, risks, alternatives, limits and cost before the decision |
| Advertising | Clear and truthful, without misleading (misleading advertising) |
| Contract and quote | Readable language, price, payment method and conditions agreed in writing |
| Liability | For the independent professional, as a rule, established by verifying fault, analyzed case by case |
| Deadlines | Consumer rights have their own deadlines, which depend on the type of complaint |
Obligation of means or of result?
Health procedures are usually treated as an obligation of means, in which the professional commits to using the proper technique without guaranteeing a result. In some aesthetic procedures, the legal discussion changes and may treat the obligation as one of result. The matter is decided case by case and is covered in obligation of means and of result. There may also be a reversal of the burden of proof in favor of the consumer, when the judge considers it appropriate.
How can you protect yourself day to day?
- Document the explanation of risks and the patient's acceptance in the informed consent.
- Record before photos with authorization.
- Avoid phrases like "guaranteed" and "risk-free" in your communication.
- Provide a written quote, with validity and conditions.
- Keep a channel open for complaints.
How does the app fit in?
A clear quote is part of transparency with the consumer.
Frequently asked questions
Does the CDC apply to an aesthetics clinic?
Yes, as a rule the relationship between patient and clinic is a consumer relationship. The patient is the end user of the service, and the CDC applies.
What does the CDC require of advertising for procedures?
That it be clear and truthful, without misleading. A promise of results and omitted information can amount to misleading advertising.