A repercussão da regulamentação da obsolescência programada para a economia do compartilhamento

Abstract

Every product has a useful life and, naturally, deteriorates with use. However, when wear and tear - and the subsequent need for replacement - occur prematurely by design, this constitutes planned obsolescence. Despite its use as a market strategy since the mid-1920s, Brazil has no specific regulation governing its limits, nor standards that define the minimum qualities a product must have to be offered to consumers, including minimum useful life. In turn, the sharing economy is characterized by distributing the use of a commodity among several temporary end users, which requires reliable product quality, and it can be seen as a reaction to consumerism, also being a way to promote the circular economy. Considering this problem, and based on Zygmunt Bauman's (2022) "Consuming life: the transformation of people into commodities", one of the main theoretical frameworks of this research - the following question arises: Given the absence of a Brazilian law that directly and specifically regulates planned obsolescence, would enacting regulations that ensure minimum product quality, such as minimum lifespan requirements, influence the sharing economy? To this end, the study will initially contextualize the massification of commercial practices, from which the consumer society and the practice of planned obsolescence derive. The market, driven by mass production, is stimulated by excessive consumption, which causes problems for both society and the environment, since it turns products into waste faster than nature can regenerate, thus motivating the regulation of consumer relations. Next, the second chapter will analyze the concepts of planned obsolescence and the sharing economy, as well as the life cycle of a product and its useful life, to verify quality, while also noting that understanding planned obsolescence as a hidden defect benefits consumer protection under the Consumer Defense Code, but remains insufficient. The third chapter will address planned obsolescence in the Brazilian legal system and its impact on the sharing economy, through an analysis of prohibitions on abusive practices and bills submitted to the National Congress, in addition to explaining how the topic is addressed in national and international courts. This research will be explanatory in nature, using the hypothetical-deductive method, and will also be aided by hermeneutic and historical methods, employing bibliographic research. In conclusion, and consistent with the initial hypothesis, we argue that specific legal regulations establishing quality parameters - such as minimum useful life based on industry - observed averages - together with other consumer rights, would positively influence the sharing economy.