Infringement of the private law and reliance on other self-regulatory mechanisms for consumer (and business) protection

Abstract

Society increasingly demands certain ethical behavior, values and beliefs. The central mission of compliance is to achieve a true corporate ethical culture by preventing the risk of non-compliance. Compliance can be used to manage the risk that can arise from a consumer relationship, helping to prevent and reduce the negative consequences of non-compliance with consumer rules. This research work aims to carry out a monographic study on how the implementation of consumer compliance in an organization can be considered a consumer protection mechanism and, therefore, contribute to risk prevention, with a
commitment to the well-being of society as a whole. Thus, it is shown how compliance programs enable protection from risk management through a compliance system. The methodology used is qualitative, resorting to an interpretative exegesis of
the legal system, the postulates of doctrine and jurisprudence about the subject matter under study. From the normative sources, the analogy of the structure of art. 31 bis PC — the only source of a legal nature — is used to outline a system of
Compliance in matters of consumption. This precept has to be put concerning others in the consumer legislation, to construct the proposed aim. About scientific doctrine and jurisprudence, the general postulates of Compliance and consumer law are
interpreted, as a mechanism for integrating the gaps inherent to a pioneering study.