Consumer Protection in Cape Verde: A Current Overview

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The protection of consumer rights in Cape Verde is an area of growing importance, reflecting the evolution of consumer relations and the need to guarantee a fair balance between consumers and suppliers. Cape Verde's legal framework seeks to ensure that consumers have access to safe, quality products and services, as well as promoting transparency and fairness in commercial practices.

In Cape Verde, consumer protection legislation is mainly governed by the Consumer Defence Codewhich establishes the basic rights of consumers, such as the law^[4] to information, safety, choice and reparation of damages. This code is an essential instrument for consumer protection, providing a set of rules that regulate consumer relations and establish conflict resolution mechanisms.

What's more, the Agency for the Regulation and Supervision of Pharmaceutical and Food Products (ARFA) plays a crucial role in supervising and regulating products on the market, ensuring that safety and quality standards are met. ARFA is responsible for monitoring compliance with standards and regulations^[3]It also ensures that consumers are protected against misleading practices and harmful products.

Consumer protection in Cape Verde is also influenced by regional and international initiatives aimed at harmonising consumer practices and strengthening cooperation between countries. Adherence to international conventions and agreements reflects the country's commitment to aligning its consumer policies with global standards.

This report aims to explore in detail the state^[5] consumer protection in Cape Verde, analysing the legislation in force, the institutions involved and the challenges faced in the effective implementation of consumer rights.

Law^[6] no. 88-V-98 of 31 December - legal regime^[2] consumer protection and defenceDownload

Conclusion

The research report on the Consumer law^[1] in Cape Verde highlighted several crucial aspects of current legislation and its practical application. Firstly, it was identified that Cape Verdean consumer protection legislation is in line with the fundamental principles of consumer protection, as established by international organisations such as the UN. However, the implementation and enforcement of these laws still face significant challenges due to resource limitations and insufficient public awareness.

Among the most important findings was the urgent need to strengthen the institutional structures responsible for consumer protection, such as the Agency for the Regulation and Supervision of Pharmaceutical and Food Products (ARFA) and the General Inspection of Economic Activities (IGAE). In addition, the research revealed that many consumers in Cape Verde are not fully aware of their rights, which limits their ability to effectively claim them. Therefore, education and awareness campaigns are essential to empower consumers and promote a fairer and more balanced market.

The implications of these findings suggest that improving consumer protection in Cape Verde requires a joint effort between the government, non-governmental organisations and the private sector. The implementation of ongoing training programmes for enforcement agents and the creation of digital platforms for complaints and conflict resolution could be important steps in this direction. In addition, the periodic revision of consumer protection laws to adapt them to the new realities of the digital market can ensure that consumer rights are effectively protected.

Terms definitions

1. ↑ Consumer law ( Consumer Law ) Consumer law in Brazil, emerging after the Second World War, protects consumers through comprehensive legislation such as the Consumer Defence Code (CDC). The law guarantees rights such as product safety, clear information and protection against unfair practices. Consumers are safeguarded by strict supplier liability for defective products and services, with provisions for exchanges, repairs or refunds. The legal framework allows for individual and collective action through consumer defence agencies such as PROCON and the Public Prosecutor's Office. Key protections include access to judicial bodies, freedom of choice and a presumption of defect if products do not meet reasonable expectations. Sanctions range from administrative fines to criminal penalties, with the burden of proof often favouring consumers. This system aims to balance the power between consumers and markets, guaranteeing fair commercial interactions and consumer welfare.

2. ↑ legal regime. A legal regime is a comprehensive system of rules and principles that regulate various aspects of social, economic and political life. It establishes rights, obligations and procedures for individuals, organisations and the state, guaranteeing predictability and legal consistency. Characterised by its binding nature and hierarchical structure, the legal system encompasses various legal instruments such as laws, regulations and administrative acts. It applies to public administration, business and personal relations, regulating interactions between the state and citizens. The regime adapts to changing social conditions, balancing stability with flexibility while addressing challenges such as technological advancement and globalisation. By providing a framework for the exercise of public authority and protecting individual rights, the legal regime plays a crucial role in maintaining social order, promoting responsibility and facilitating economic development through clear legal guidelines.