After intense criticism and almost half of its articles vetoed, Bill no. 5120 intended to regulate the activities of tourism agencies in Brazil was finally passed into Law (no. 12974/2014) by the President of the Republic.

Protection against unfair competition is founded on the principles established in the Federal Constitution of 1988, with respect to economic policy, namely free competition and consumer protection and control of abuse of economic power and unfair competition.

The recall in Brazil is the process by which the manufacturer or service provider has the obligation to recall any product or service which may pose any risk to the safety or health.

It is known the natural wear of a product and the need to replace it with time is normal.

The decision here analyzed represents an interesting precedent of the State Courts of Rio de Janeiro to begin to see other ways to characterize unfair competition, going beyond the traditional divert of clientele by likelihood of confusion.