Las directrices de naciones unidas sobre protección al consumidor y lo establecido en el código de protección y defensa del consumidor del Perú

Abstract

One of the fundamental principles of the so-called Economic Constitution is the duty of the Peruvian State to guarantee and defend the interests of the consumers and users, tutoring the right to access to clear, truthful, simple, and timely information about the goods and/or services that are found at their disposition in the market. In these last few years, it has been introducing a change in vision as to the concepts of the consumer and relations of traditional consumption. It is because of this that nowadays wider sectors are reached through the promotion of preventive, proactive action coordinated with diverse institutions of the State, citizens and economical agents. Therefore, in the year 2010, the Protection and Defense of the Consumer Code were approved by Law 29571, which develops the rights of the consumers and the general duties of the providers, the consumption contracts, abusive commercial methods, the protection of specific products and services, the responsibilities and sanctions of the economical agents that infringe the dispositions contained in this normative document, the collective defense of the consumers and the National Integrated System of Consumer Protection. At the same time, the National Institute of Defense of Competition and Protection of Intellectual Property - Indecopi (in Spanish), is the National Authority that, while applying the Code, executes the protection and defense of the consumers and also takes care of the controversies between consumers and providers in topics such as consumption, as well as the United Nations’ Directives for the protection of the consumer which “are a valuable group of principles that establish the main characteristics that Consumer Protection should have, the institutions tasked with applying and the compensation systems for them to be effective...”. In this sense, we should understand that the CDPC and the work of Indecopi are in sync and develop the criteria and standards established at the Directives, which are elaborated with high exigency. Therefore, the CDPC and Indecopi are doing a great job and the CDPC contains a legal framework that is propitious to guarantee a balance in the relationships of consumption in the market.