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Lawyer Cíntia Brunelli Warns That Giving Candies Instead of Coins Configures Abusive Practice and Can Result in Fines Imposed by Procon
The substitution of cash change for candies or chewing gum is more than just an annoying habit: it is illegal. According to lawyer Cíntia Brunelli, a consumer law specialist, this conduct directly violates the Consumer Defense Code (CDC) and can result in fines for commercial establishments. The financial impact, although it may seem small, can reach R$ 100 per year for consumers who frequently encounter this situation.
According to Article 39 of the CDC, no supplier may deliver goods or provide services without prior request.
Thus, by giving a candy instead of coins, the commerce forces the customer to accept an unsolicited product, characterizing abusive practice.
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The Procon is the body responsible for overseeing and punishing this type of violation.
Why Giving Change in Candies Is Illegal
The Consumer Defense Code, established by Law No. 8,078/1990, ensures that the consumer relationship must be transparent and fair.
By substituting coins for candies, the merchant forces an indirect sale and breaks the basic rule of equivalence between payment and acquired goods.
For Cíntia Brunelli, even if it involves cents, the practice cannot be normalized.
In legal terms, it is considered a forced supply, expressly prohibited by law.
Therefore, consumers who feel harmed can report it to Procon, which will apply the applicable sanctions.
How Much Consumers Can Lose in Daily Life
Although R$ 0.10 or R$ 0.20 may seem negligible, the daily accumulation represents a real loss.
A worker who makes small purchases throughout the year can lose up to R$ 100 just from the lack of change in coins.
This amount, Brunelli emphasizes, is equivalent to a monthly electricity, gas, or even part of the food bill.
This invisible loss adds to the feeling of powerlessness among many consumers, who end up accepting the situation due to a lack of information about their rights.
Knowing the law is the first step to demanding respect in the consumer relationship.
Rounding Up Is Also Illegal
Another common problem is rounding up the price when the cashier charges more than the advertised price under the pretext of not having change.
For example: in a purchase of R$ 19.90 paid with R$ 20, the correct change would be R$ 0.10. If the cashier registers R$ 20 and does not return anything, the practice is equally abusive.
The only acceptable alternative, if there are not enough coins, is rounding down — that is, reducing the price so that the amount paid corresponds exactly to the product acquired. This procedure, in addition to being legal, respects good faith and transparency in the relationship with the customer.
What to Do If Change Is Not Returned
When the consumer demands the change and the establishment refuses to deliver, the recommendation is to report the incident to Procon.
The agency can impose fines and compel the business to adjust its conduct.
Cíntia Brunelli clarifies that simply receiving candies instead of coins does not normally generate compensation for moral damages.
However, if the customer is ridiculed, humiliated, or embarrassed when claiming their right, the situation changes and can be taken to court.
The lawyer stresses that ignorance of the law is the main ally of abusive practices.
Many Brazilians do not know that receiving change in candies is illegal and end up accepting the loss.
By asserting their rights, the consumer strengthens not only themselves but also enforcement and respect for market rules.
And you, have you ever received change in candies or experienced rounding up at the cashier? Do you believe consumers should report these practices more often to Procon? Share your opinion in the comments — we want to hear your experience.
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