Renting a car is common among visitors to Brazil, and the problems usually show up after you return it: a charge for a scratch you didn't make, a deposit still held on your card, or a traffic fine billed months later, when you are already home. A rental company operating in Brazil is a supplier under the Brazilian Consumer Protection Code, which protects you like any other consumer.
Charges for damage you didn't cause
Damage is recorded in the car inspection (the vistoria) at pick-up and at return. If the return inspection recorded no damage, or if you had no chance to see it and respond, a later charge is weak. It is up to the rental company to show that the damage exists and that it happened during your rental, and the judge may shift the burden of proof in favour of the consumer (art. 6, VIII, of the Consumer Protection Code).
Many contracts allow the company to charge your card for damage on its own. Brazilian courts have held it abusive to charge for damage unilaterally without giving the customer a chance to respond (art. 51, IV).
If you bought protection or insurance, the company cannot charge more than the agreed excess. Exclusions from that protection must be highlighted in the contract (art. 54, § 4); a restriction you were not clearly told about does not bind you (art. 46).
The deposit held on your card
The deposit (caução) is usually a pre-authorisation on your credit card. After a return with nothing outstanding, the company must request its release; the final timing also depends on your card issuer. If the deposit is still held without a documented reason, or turned into a charge without explanation, ask for the details in writing and complain.
Traffic fines that arrive months later
Notice of a fine goes first to the rental company, which owns the car. The law gives it 30 days from the notice to name the driver (art. 257, § 7, of the Brazilian Traffic Code). If it doesn't and it is a company, it receives a new fine for twice the amount (§ 8). That is why rental companies usually name the customer as the driver or charge the fine to the card.
You are entitled to see the ticket (the auto de infração), with date, time, place and plate number, and to check that the offence happened during your rental. Be wary of a charge without it. An administrative fee for handling the fine can only be charged if the contract clearly provided for it, and some decisions have held it abusive to charge costs the company does not prove.
Card charges after you got home
Ask the rental company in writing for the details of each charge and the supporting documents. Ask your card issuer about disputing the charge under your bank's rules. In Brazil, anyone who pays an undue charge is entitled to twice the amount overpaid, unless the supplier's error was justifiable (art. 42, sole paragraph, of the Consumer Protection Code).
What to do now
- Gather the contract, the pick-up and return checklists and the photos of the car.
- Ask in writing for the details of any charge, with photos of the damage, a repair quote or the ticket.
- Don't sign a damage statement without seeing the damage and getting a copy.
- Keep the card statements showing the charges.
If you are still going to rent a car in Brazil: film the car inside and out at pick-up, with the date visible, and insist on a return inspection with a signed receipt.
How to claim from your home country
You don't need to stay in Brazil: the power of attorney is signed by hand and sent scanned, and the lawyer represents you in the proceedings.
Costs. Going to court in Brazil is not free: there are court fees when the case is filed, the lawyer's fees and, if the case is lost, the other side's attorney fees. People who live outside Brazil may also have to post a security deposit. Everything is explained before you decide: see Claiming in Brazil while living abroad.
Frequently asked questions
The rental company charged me for damage after I returned the car. Do I have to pay?
Not necessarily. It is up to the company to show that the damage exists and that it happened during your rental. If the return inspection did not record it or you had no chance to respond, the charge can be disputed.
Can the rental company charge a traffic fine to my card?
It can name you as the driver or charge the fine if the contract provides for it, but it must show the ticket with date, time, place and plate number so you can check that it happened during your rental.
I bought protection. Can they charge me more than the excess?
As a rule, no. Exclusions from the protection must be highlighted in the contract, and a restriction you were not clearly told about does not bind you (arts. 46 and 54, § 4, of the Consumer Protection Code).
