Can law change economic logic? Revisiting planned obsolescence

Abstract

This paper addresses the feasibility of Brazilian legislation to curb planned obsolescence, that is, the deliberate limitation of the useful life of durable goods, which became widespread internationally in the last century. Planned obsolescence, which is at the basis of consumer society, was a central element of the capitalist economic strategy for promoting constant economic growth in the 20th century. Adopted as an international economic practice, it is one of the main factors underlying the environmental-climate crisis. The research question that guides this paper is: given the evidence of planned obsolescence, with considerable harm to consumers and the natural environment, in the Brazilian case does the problem lie in the insufficiency of legislation or in the impotence of the law to address a structural element of the capitalist economy? Two hypotheses are tested: (i) legislation is insufficient or inadequate; and (ii) legislation and jurisprudence are progressing slowly, but curbing planned obsolescence requires changes not only in legislation, but also in economic logic. The text initially addresses the emergence and social acceptance of planned obsolescence; It then highlights the relationship between obsolescence and consumer society; in the third part, it addresses the insufficient role of legislation in curbing planned obsolescence in Brazil, illustrated in the fourth part with examples from case law. In the Conclusion, the insufficiency of initiatives limited to the legal field and the need to combine legislative improvement and decisions in economic policy are reiterated. The method is hypothetical-deductive and the research technique is a semi-systematic bibliographic review.