CROSS-BORDER CONSUMPTION AND BRAZILIAN LAW

Abstract

The purchase of a product or service by a consumer directly abroad and the remote consumption of goods are the two main ways in which transnational consumption occurs. This new contractual dynamic – a direct result of the development of transport and communication facilities - has consequences not only for consumer protection but also for trade law. It demands from doctrine, courts and legislators an effort to solve problems arising therefrom. Important lessons can be learned from the application of economic theory to law among the difficulties to fit private international law to constitutional principles. New paradigms proposed by the courts in recent years brought great expectations in the national legal system to the evolution of consumer protection concerning international trade. Theoretical developments are now necessary to elaborate regulatory proposals under trademark and corporate law - with particular attention to financial institutions - so as to grant greater protection to the vulnerable consumer assuring security and predictability to the system, which are essential to the correct operation of the market.