THE CRIME UNDER ARTICLE 7, ITEM IX, OF LAW NO. 8.137/1990 – SALE AND DISPLAY OF EXPIRED PRODUCTS

Abstract

This paper examines the crime established in Article 7, item IX, of Law No. 8.137/1990, which criminalizes selling, storing, or displaying products unfit for consumption, particularly those with expired shelf life. The study reviews the legislative background of the Consumer Defense Code and Law No. 8,137/1990, highlighting doctrinal criticism regarding the vagueness of the provision and its classification as an abstract danger crime. It explores the jurisprudential evolution, which initially accepted automatic criminal liability but later required expert examination to prove the harmfulness of the product, rejecting objective criminal responsibility. The conclusion emphasizes the need for a restrictive interpretation of the criminal type, aligned with the principles of minimal intervention and harm, leaving administrative and civil law to address conduct without actual risk to consumer health or safety.