Clipping of news on Brazilian Culture, Law and Citizenship
08/11/2010
This article was translated by an automatic translation system, and was therefore not reviewed by people.
"The CDC applies only in the existence of the consumption, in which party is characterized as consumers (and, as such, vulnerable / inapt) and another considered as a supplier of products and services," he explains.
Moreover, she says, "This does not mean the investor can not seek plea to protect their rights in other norms originated, for example, the Civil Law and the Banking Law, which govern commercial relationships not characterized as consumer relations ".
Offer
Even with regard to financial investments, the technique of Procon-SP, Renata Reis, says the CDC can only be applied with regard to problems related to supply, such as lack of information for the consumer to make the best choice.
"Sometimes the way the service is offered that is problematic. The consumer must receive clear information about who is hiring, "says Renata.
Case
In late July, a retired São Paulo appealed to the STF (Supreme Federal Court) to request compensation because of loss of capital invested in mutual funds.
On occasion, the retiree claimed that the sentence for first degree as the ruling of the TJ-SP would violate Supreme Court decision in the ADI (Direct Action of unconstitutionality) 2591, which he said were "financial institutions, all of them, reached by the impact of standards disseminated by the CDC. "
Moreover, both the judge of first instance as that of TJ-SP understood that the CDC does not apply to loss of capital in investment funds, as published by FTS, "the final recipient of the CDC is the final consumer which removed the right of the market to buy it or just use it and one who puts an end to the chain of production, not one who uses it well to continue to produce (if financial investment). "
Source: Consumer RS
That's because, experts say, not all investments are characterized as relations of consumption
When it comes to financial investments, the CDC (Consumer Protection Code) does not apply to all cases.
This article was translated by an automatic translation system, and was therefore not reviewed by people.