A contrafacção e a defesa do consumidor em Moçambique: um dilema

Abstract

The theme of this final project is "Counterfeiting and consumer protection in Mozambique - a dilemma". Although the counterfeiting of brands and products represents one of the biggest challenges facing the economy today, it also constitutes a major possible danger to public health and consumer safety. Counterfeit products are generally of lower quality, and are products placed on the market without a manufacturer's guarantee, and because they are illegal they are not subject to control by specialised entities or laboratories. Counterfeit products currently cover all consumer goods: medicines, toys, cosmetics, household appliances, drugs, car parts that don't meet the manufacturers' safety standards, food products, footwear and so on. The legal problem with this issue centres on the fact that the repercussions caused by this phenomenon give rise to violations of consumer rights as laid down in Law 22/2009 of 28 September (the Consumer Protection Law), which regulates matters relating to consumer protection. Chapter II lists and develops the consumer rights defended by the LDC. Article. 5 of the LDC provides a general enunciation of consumer rights and, in turn, the subsequent articles in this chapter give us a more detailed account of each of the rights provided for in the aforementioned article. In verbis, in order to discourage this practice, it is crucial to find ways of reinforcing the application of the law, so as to establish a guarantee of effective judicial protection for all circumstances in which consumers' rights are harmed. The other way to mitigate this practice would be consumer education so that consumers build their reflexes by themselves, so that they have the technical capacity to identify products that are unfit for consumption in a mass- produced market. However, with regard to aspects related to this reality, it is clear that there is a need for in-depth study of this issue, in the search for consumer defence and protection as well as more effective prevention and repression. To this end, this work will use the direct research method, consisting of research in institutions, and the indirect method, consisting of bibliographical analysis using manuals, monographs, master's dissertations and internet articles.