Brazilian Consumer Defense Code, corporate groups, good faith, and the apparent authority doctrine

Abstract

Objective: This paper analyzes the application of the theory of appearance in consumer legal relations, based on the principle of good faith and the protection of legitimate expectations as pillars of security in contemporary commercial exchanges. 

Academic problem: It investigates the misalignment between the complex organization of modern corporate groups and the current regulatory framework, seeking to understand whether the appearance of right is a suitable instrument for binding business entities and protecting consumers amidst the fragmentation of supply chains. 

Methodology: The research is qualitative in nature, employing a deductive approach. The research technique consisted of an exhaustive bibliographic review and documentary analysis of both classical and contemporary Civil Law and Consumer Law doctrines. 

Results: It was identified that good faith transcends a mere psychological state, imposing objective duties of conduct. The theory of appearance requires the coexistence of an objective factual situation, excusable error by the subject, and objective good faith. It was verified that trust acts as a mechanism for reducing social complexity, relieving consumers of the burden of exhaustive investigations into the actual ownership behind trademarks and storefronts. 

Conclusion: The hypothesis that the protection of legitimate expectations, qualified by appearance, must prevail over hidden internal realities was confirmed. It is concluded that the appearance of right is an essential element for market ethicality, ensuring that the formal structure of companies does not serve as an obstacle to the satisfaction of the rights of vulnerable consumers.