A APPLE’S PROGRAMMED OBSOLESCENCE AND THE PROPOSAL FOR FECTION IN THE CDC AND PNRS

Abstract

This paper deals with planned obsolescence in the transition from Apple’s iPad 3 to Apple's iPad 4. It also addresses the environmental and philosophical-political discussion of the transformation of Rousseau’s bom selvagem and Bauman’s liquid modernity that intertwines the consumption social being and the commodity. Obsolescence occurs from a triad: advertising, marketing and persuasive manipulation of network followers. The methodology used the descriptive and bibliographical, case observation, qualitative and theoretical-empirical, since the bibliographic data were crossed with information of the concrete case. It is concluded that the prohibition of planned obsolescence should be regulated by reviewing the CDC to establish the responsibility of the manufacturer and supplier of durable goods, according to the criterion of the useful life of the product and not of the contractual guarantee; insertion of a device that deals with the abusiveness contained in the planned obsolescence and forecast of fines. In this way, it will attribute a more effective nature to the consumerist code. The following legislative proposals are being processed in the National Congress: Bill of Law PL 7.875/2017; PL 3.019/2019; and PL 1.791/2021. The latter paves the way for the punishment of manufacturers installed in Brazil and importers. In an extensive interpretation of art. 170 of CF/88 prohibiting planned obsolescence is a constitutional duty. The research is expected to help with legislative approval.