Brazil's STJ rules mobile phones are not automatically essential products

The Third Panel of the Superior Tribunal de Justiça (STJ) has ruled that mobile phones are not automatically classified as essential products under the Consumer Defense Code. Consequently, consumers who purchase a defective device must generally wait up to 30 days for repairs before they can demand a replacement, a refund, or a proportional price reduction.

The decision stems from a public civil action filed by the Public Defender's Office of Rio de Janeiro against telecommunications operators including Claro, Oi, Tim, and Vivo. The plaintiffs argued that mobile phones should be considered essential due to their critical role in personal and professional activities.

Relator Minister Ricardo Villas Bôas Cueva stated that the essentiality of a device must be analyzed based on specific circumstances rather than widespread societal use. He argued that providing immediate alternatives without a repair period could increase product costs and burden consumers. The ruling follows a previous decision by the Rio de Janeiro Court of Justice, which suggested that a defective phone does not necessarily interrupt service since a SIM card can be moved to another device.