Racism in consumer relations: between the neutrality of the Consumer Defense Code and the emergence of the inclusion of the black consumer

Abstract

This article examines the normative insufficiency of the Brazilian Consumer Defense Code (CDC) in addressing racial discrimination within consumer relations, highlighting how structural racism silently shapes the everyday experiences of Black consumers in Brazil. Grounded in qualitative methodology, the study draws on normative documents, empirical data, contemporary theoretical frameworks—such as those developed by Djamila Ribeiro and Adilson Moreira—and the findings of the “Afroluxo” research conducted by L’Oréal Luxe in partnership with MOVER. The analysis demonstrates that the CDC’s reliance on formal neutrality contributes to the invisibility of Black consumers and to the ineffectiveness of current legal protections against discriminatory practices, including hypersurveillance, excessive monitoring, restricted access to goods and services, and racialized consumer stereotyping. The article argues that this structural gap within the CDC necessitates a specific antiracist legal framework. Its central hypothesis posits that the proposed Black Consumer Protection and Inclusion Code—although initially endowed with predominantly moral force—provides a structured and forward-looking foundation capable of guiding future legal reforms to confront racism in consumer relations. Comprising ten racial justice-oriented norms and directly aligned with the twenty-one discriminatory mechanisms identified by the Afroluxo study, the proposal outlines measures for prevention, accountability, and redress of racist practices in the marketplace. Based on interdisciplinary analysis and emblematic cases widely reported by the media, the study concludes that incorporating the Black Consumer into the CDC constitutes the most consistent path toward ensuring dignity, visibility, and the eradication of racist conduct in consumer relations, while reaffirming Brazil’s constitutional commitment to equality and the protection of fundamental rights.