A brief history of the emergence of trade.

The commercialization of goods is nothing new to humanity. From the moment humans were able to create a surplus of products, trade began. This trade became more complex as human needs also became more intricate. 

Initially, exchanges occurred through barter, that is, the exchange of different goods between people. Such exchanges are based on the immediate and momentary needs of the participants. For example, one would not exchange corn for shoes if one did not need shoes. This system, therefore, is limited and generates not only an economic obstacle, since there is no exchange if there is no mutual need, but also results in waste, since perishable goods, if not traded and consumed, could only rot.

Faced with this problem, money emerges, in its broadest sense. A good of life that is valued by society and accepted by all involved in commercial exchanges. Therefore, one no longer exchanges corn for shoes, but buys corn and shoes with money. With money, exchanges are no longer subject to mutual needs, and it also solves the problem of the deterioration of non-traded goods.

The history of money alone could fill a book, as we have evolved a long way from physical currency, backed by the gold contained in the currency itself, to paper money, which is backed by a country's gold reserves and, later, by dollar reserves. Finally, we are currently witnessing the dawn of cryptocurrencies, which are currencies no longer made of gold, nor paper money, but virtual.

Just as currency moved to the virtual environment, commerce also followed suit and began to be conducted via the internet. This is the emergence of e-commerce. 

What is e-commerce?

E-commerce, in a very simplified way, is a transaction carried out through virtual means, in which offer, purchase, and payment are made virtually. This definition in no way captures the gigantic change brought about by e-commerce, which is why it is imperative that we compare e-commerce with physical commerce.

Physical commerce requires the buyer to travel to the store, where they browse products, test them, receive assistance from a salesperson, and finally purchase the item, taking it home after payment. This entire step-by-step process has been completely altered by e-commerce.

In e-commerce, the consumer doesn't even need to leave their home; through the internet, they will inquire about the product, but they won't be able to test it, nor will they have any assistance from the seller. They will have to rely on the descriptions and images provided by the website. Finally, when buying, they won't leave the store with the product, but will wait for it to be shipped and delivered to their home.

These distinctions, although obvious, need to be highlighted, because by understanding the changes, we naturally better understand how the legislation has adapted to the changing forms of consumption. The Consumer Protection Code (Law 8.078/1990) predates the popularization of e-commerce; therefore, it is based on physical commerce as its legislative paradigm. It is in this context that Decree No. 7.962/2013 was enacted, which supplemented specific aspects of the Consumer Protection Code to update it for e-commerce.

What changes were introduced by Decree 7.962/2013 to the consumer protection system?

Let's return to our distinctions between physical commerce and e-commerce. Remember that in e-commerce, the consumer doesn't go to the physical store; they can only view the product virtually? Well, given this peculiarity, legislators have been more concerned with the presentation of information, and the right to regret a purchase has been reinforced.

These points of concern can be observed in Article 1, item I, and Article 2, item II of Decree 7.962/2013 . It's not as if the Consumer Protection Code (CDC) didn't have such provisions, but they are even more important in the context of e-commerce. Moreover, in e-commerce, there is a clear concern that information about the seller, as well as the product itself, be made available so that, in case of non-compliance with consumer protection rules, the consumer can take legal action against the seller or contact the Consumer Protection Agency (Procon).

Regarding the right of withdrawal, the Brazilian Consumer Protection Code (CDC) already provides for the possibility of exercising this right in transactions formalized "(...) outside the commercial establishment, especially by telephone or at home," in its article 49. However, there is no detail like that provided by article 5 of Decree 7.962/2013 , which not only obliges the supplier to clearly inform the means of exercising the right of withdrawal, but also, by paragraph 3 of the aforementioned article, establishes the supplier's responsibility to notify credit card operators of the cancellation of the transaction.

Finally, and without any intention of exhausting the subject, it is necessary to highlight a greater concern of Decree 7.962/2013 regarding product delivery, because in e-commerce the purchase is necessarily made outside the commercial establishment, therefore, it is necessary for the supplier to be responsible for the proper delivery of the product, as provided for in article 6 of Decree 7.962/2013.

And what is the future of e-commerce legislation?

This was a brief overview of the current regulation of e-commerce, but there are several bills under consideration that aim to regulate e-commerce not only from a consumer protection perspective, but also from a tax and criminal perspective.

Bill 1332/2025 aims to curb the sale of stolen or illegal goods through digital commerce. Bill 2247/2025 seeks to make e-commerce platforms jointly liable for the collection of taxes on the sale of irregular products.

As evidenced by the proposed bills, there is great concern not only in curbing the sale of products in irregular situations. These bills seek this end not only by imposing obligations on the platforms, but also through partnerships between the government and the platforms. 

Naturally, as these bills are still being drafted, they are not yet in effect, but they indicate not only the new regulations that will be imposed on digital platforms, but also demonstrate a trend of the state in criminal and tax matters concerning such platforms.

The best way to stay up-to-date is to continue studying, not only the consumer aspects of e-commerce, but also its tax and criminal implications. For this, we recommend a professional or academic master's degree, or one of the various postgraduate courses offered by IDP, which has a team of highly qualified professors with extensive market experience. Don't waste time, check out our courses and register.

References

BRAZIL. Law No. 8.078, of September 11, 1990;

BRAZIL. Decree No. 7.962, of March 15, 2013;

BRAZIL. Chamber of Deputies. Bill No. 2.247 of 2025;

BRAZIL. Federal Senate. Bill No. 1.332 of 2025.