Civil Liability for the Loss of Consumers' Productive Time
It is undeniable that in contemporary society, characterized by hectic routines and urgent commitments, time has become particularly significant, constituting a protected asset under Brazilian law.
In this context, a new legal approach has emerged in doctrine and jurisprudence aimed at compensating the damage caused by the time and effort expended by consumers due to practices of companies and service providers. This is known as the Theory of Consumer Productive Waste, also referred to as the Theory of Loss of Leisure Time.
This theory is linked to civil liability and posits that when a consumer faces poor service or problems arising from defective products or services, they must waste or divert their productive time to address an issue created by a third party, in this case, the supplier.
As is known, the Consumer Protection Code, in its Article 4, item V, establishes as a principle the encouragement of suppliers to create efficient means of quality control and safety for products and services. Therefore, it is undisputed that the supplier is responsible for providing good service and ensuring the quality of the services provided.
Currently, consumers are increasingly using this theory as a fundamental argument for claiming moral damages in indemnity actions. This necessitates careful analysis by all legal professionals, especially lawyers, to assess the specific case, and by judges, to ensure a fair decision that does not result in unjust enrichment of the consumer.
In this regard, since the precise understanding of what constitutes a mere inconvenience is difficult to establish, each specific case must be examined using certain parameters for applying the theory, as not every case warrants indemnification.
Therefore, it must be assessed whether there was a real occurrence of a potentially harmful issue to the consumer; the illegality of the supplier’s act or the failure to resolve the alleged problem; and the concrete loss of time with actual and proven harm to the consumer. It is necessary to distinguish between a compensable temporal loss and a mere annoyance.
It is also important to note that not every unpleasant or bothersome situation, emotional distress, or inconvenience gives rise to a legal right to compensation for moral damages.
Thus, although it is possible to attribute moral damages under the application of the Theory of Productive Waste, not all lost time qualifies for moral compensation. Therefore, the application of the theory should be done with caution and prudence to avoid abuse of rights.