Disposable Products, Weakened Competition: Legal Challenges of Programmed Obsolescence

Objective: The objective of this study is to investigate the effects of planned obsolescence, mainly in the competitive, environmental and consumerist areas. The study was carried out based on a careful analysis of specialized literature, including a brief comparative study of French and American Law. Theoretical Framework: The main references that support this study include the analysis of Law 12,529, the Brazilian Competition Law; the Consumer Protection Code and the Federal Constitution, and environmental standards from a national perspective. On the other hand, from the international analysis, the emphasis is on North American legislation and precedents of French Law, with the aim of establishing parameters in view of the challenges faced in Brazil. Method: The research adopts an exploratory descriptive approach, based on a bibliographic review and analysis of current legislation, using the hypothetical-deductive method to structure the investigation. Results and Discussion: Based on the theoretical framework and the legislative review, it was observed that the practice of planned obsolescence can represent an obstacle to fair competition, negatively impacting consumers and the environment. Furthermore, it is clear that there is a need to improve regulatory standards to curb this practice in Brazil. Research Implications: The results of this study can contribute to the improvement of legislation and public policies aimed at consumer protection and competition regulation, in addition to fostering academic and legal debate on planned obsolescence. Originality/Value: The originality of this research lies in the analysis of planned obsolescence from the perspective of Competition Law and Consumer Law, exploring its impact on the market and possible regulatory responses. The comparative study with other international legislation contributes to enriching the debate and to the formulation of more effective legislative proposals in Brazil.