Compensation for damages as a judicial remedy for harm caused to the diffuse interest of consumers

Abstract

This work argues that it is possible to obtain compensation for damages caused to the diffuse interest of consumers through contentious judicial proceedings. To this end, it analyzes the interests protected by Law No. 19,496, aiming to demonstrate that the limitations of viewing compensation as primarily a reparatory remedy require reconsideration. It is argued that compensation can be achieved through a condemning judicial decision, since in consumer matters, damages serve not only retributive purposes but others purposes too. It concludes that damages can be awarded without exactly identifying the losses suffered victims, and that alternative mechanisms can be employed to distribute compensation among them.