Conception and Decentralization of Consumer Protection in Peru: a Comparative Analsis with Mexico, United States, Brazil and Sweden

Consumer protection is one of the most important instruments for the well functioning of a modern market economy. Three elements are crucial to distinguish its degree of effectiveness: i) the scope of protection, ii) the institutional system that enforces laws and resolves conflicts, and iii) its extension throughout the country. In Peru, consumer protection has a limited scope, a weak institutionality and a narrow territorial reach.

By reviewing the experiences of Mexico, Brazil, United States and Sweden, some issues are brought into the table, as they are useful to make significant improvements to the Peruvian case. Key issues are: a) a wider concept about protection to consumption; b) the need of a leading authority (executive) at the national governmental level that would enforce laws and articulate the action of other sectorial authorities, decentralizing its functions throughout all regional and municipal governments; and c) a great variety of public, private and civil society mechanisms that would bring justice to consumers; decentralizing “small consumer complaints” at the municipal level, and complaints of larger consumer, authorities and civil society at the regional and national levels.

Public administrative justice must be free of charge on all “small complaints” and be autonomous and independent from executive authorities in all centralized or decentralized causes or complaints. These lessons could be useful not only for Peru, but for all other countries in Latin America.

Key words: Decentralization; Consumer Protection; Consumer; Protection of Rights; Comparative Analysis; Peru; Brazil; Mexico; United States; Sweden