Consumer protection and arbitration in mass consumption adhesion contracts. A comparative look between Brazil and U.S.

Abstract

Based upon (i) a comparative reading of the consumer protection legal system in Brazil and in the United States, regarding mass consumption adhesion contracts, and (ii) the analysis of the most recent precedents of the American Supreme Court validating arbitration agreements in which consumers waive class actions, the article highlights the different role that arbitration plays in both institutional environments. The article also questions whether an uniformization of the consumer protection system referring mass consumption adhesion contracts would be (a) possible and/or (b) desirable, in view of the ever-growing globalization and the economic consequences of uneven domestic legal regimes, mainly in highly monopolized industries as telecommunication, motor vehicle manufacturing/distribution, insurance, financial services and products, processed food, among others.