Defense in consumer actions and PROCON
Answering consumer lawsuits, defense in PROCON proceedings and review of commercial practices under the CDC. In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsA company that receives a PROCON notice or a consumer lawsuit has two deadlines to watch: the procedural one, not to miss the defense window, and the strategic one, so a complaint does not become a bad internal precedent. Good defense combines technical contestation — lawful practice, causation, damage — with the preventive review that avoids the next complaint.
The fronts of supplier defense.
- Individual consumer lawsuitsDefense, proof of the commercial practice and the facts — defect, consumer's own conduct, causal link and reversal of the burden of proof when applicable.
- PROCON proceedingsDefense in administrative sanctioning proceedings: notice, challenge, proof of regularity and administrative appeals.
- Collective consumer actionsDefense in public civil actions and collective consumer suits — reputational and economic impact requiring its own strategy.
- Recall and administrative sanctionsRecall communication, action plan with the agency and defense against CDC sanctions.
- Preventive CDC complianceReview of terms of use, return policies, advertising and customer service — so a commercial practice does not become a lawsuit.
- Liability managementMapped complaint portfolio, strategy by type and consistent internal precedent — so one defense does not contradict another.
- Digital consumerE-commerce and platforms: digital practices under CDC and the Internet Framework — coordinated with digital law.
PROCON and the courts run together — and the strategy must be one.
The PROCON proceeding and the lawsuit over the same facts run on parallel tracks that feed each other: what the company says in the administrative defense becomes evidence in court, and an adverse PROCON decision can ground a civil action. Defense must be coordinated — the same theory, the same proof, the same narrative on both fronts.
The reversal of the burden of proof is the classic trap: a consumer alleging a defect may see the burden of proof shifted — and the supplier who did not keep proof of proper delivery, consent or performance discovers it has nothing to show. Evidence is built in the operation, not in the lawsuit.
The practices that generate the most claims are known: improper billing, product or service defects, misleading advertising, cancellation difficulty and price increases. Preventive review — terms, policies, service scripts — costs less than a portfolio of repeated suits over the same cause.
A PROCON sanction goes beyond the fine: the decision becomes precedent, can be used as evidence in individual suits and carries reputational effect. A well-run administrative defense — challenge, technical evidence, appeal — is part of consumer-risk management, not a bureaucratic step.
How we run the case.
- Diagnose the complaintAlleged facts, the practice involved, available proof and the history of similar complaints.
- Coordinate PROCON and courtOne theory on both fronts — the administrative defense cannot contradict the judicial one.
- Build the proof of lawful practiceContracts, service records, communications and evidence of correct conduct.
- Defend and fix the practiceAnswer and challenge — plus correcting the practice that generated the complaint.
What to bring to the first conversation.
Documents that speed up the review
Proof of the commercial practice — contracts, records, communications — is what sustains consumer defense.
- Notice or summons received
- Contract or commercial term involved
- Service records and communications
- Proof of delivery or performance
- Return and cancellation policies
- Advertising and materials involved
- History of similar complaints
- Invoices and transactional documents
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Partner responsible for the corporate practice (OAB/SP 344.334). Postgraduate in Corporate Law (FGV), he works on company formation and restructuring, shareholder agreements, contracts and succession planning. Member of AASP and AIPLA. Fluent in English.
Meet Renato FalchetCommon questions.
Is a PROCON notice a lawsuit?
No — it is an administrative sanctioning proceeding. But the decision can generate a fine and become evidence in a later lawsuit. The PROCON defense must be coordinated with the judicial one to avoid contradiction.
What is the reversal of the burden of proof under the CDC?
When the consumer's allegation is plausible or the consumer is at a disadvantage, the judge may shift the burden: it falls to the supplier to prove the practice was correct. Without operational records, the company has nothing to show.
Can PROCON fine a company without a court judgment?
Yes — the administrative sanction is independent of judicial action: fine, publication of the decision and other applicable measures. The administrative appeal and, if needed, judicial review are the challenge routes.
Is there a standard amount for consumer moral damages?
No tariff — the judge weighs severity, repetition and the company's size. Local court precedent guides the realistic expectation — and grounds the choice between settlement and contestation.
Is a public civil consumer action more serious?
Yes — it addresses collective interests, can generate broad obligations to do and pay, and carries its own reputational impact. Defense requires a strategy distinct from individual suits.
Is it worth reviewing practices to avoid new complaints?
That is what reduces the liability: terms of use, return and cancellation policies, advertising and service scripts reviewed under the CDC cost less than a portfolio of repeated suits over the same cause.
Did the complaint become a lawsuit — or is the practice generating the next ones?
Send the notice or the action received: we coordinate the defense on both fronts and review the practice to contain the liability, with a written proposal.