Problemas interpretativos en la aplicación de la normativa del derecho de los consumidores en la vía administrativa y judicial

Abstract

The main objective of this investigation is to determine what difficulties are faced by judicial and administrative officials, consumers and lawyers; at the time of filing an action and obtaining its resolution. The deductive method will be used, starting from the general to conclude on the particular in the field of Consumer Law, studying the doctrine related to the subject and in parallel the internal regulations in order to unravel the figure of the consumption relationship and the mechanisms administrative and judicial pre-established, with a study of cases resolved in administrative and judicial channels; and finally a comparative analysis with Mexican legislation. As a result, it is observed that in the absence of a specialized body on consumer rights, certain difficulties arise for administrative and judicial officials due to the lack of specialization in the matter, which causes a problem when interpreting and apply consumer regulations. Similarly, an inconvenience arises for consumers due to ignorance of their rights and obligations, which is generated by the lack of a consumer culture. Thus, lawyers face a series of difficulties when filing an action and defending their clients, derived from the lack of knowledge of this branch of Law. Finally, it is concluded that certain relevant aspects of the Mexican procedure could be adopted, in view of the fact that they represent an advance in the protection of rights and in the institutional framework of Consumer Law.