Clipping of news on Brazilian Culture, Law and Citizenship
16/08/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Court asks return of balances that have been cut from customers, under penalty of U.S. $ 50,000 per day. Still subject to appeal
Justice of the Federal District determines that credits can not be valid mobile Photo: Marcos Alves / O Globo
BRASILIA - The cell phone companies can not set a time limit on the credits of prepaid cell phones. This is the unanimous decision of the 5th Chamber of the Regional Federal Court of the 1st Region (TRF-1) released on Thursday. The judges determined to be void clauses phone contracts that define the limits and also the standards of the National Telecommunications Agency (Anatel) stipulating the loss of credits. Still appeal the decision.
In addition, operators Vivo, Oi, Amazônia Celular and Tim were prohibited from taking loans to consumers in those cases. Companies must also reactivate the service of consumers who had canceled minutes by operators within 30 days, the balance that customers had when the credits were cut. The decision must be met in all the national territory, under penalty of a daily fine of R $ 50 thousand.
The Federal Public Ministry (MPF) made the request stating that the contract clauses that stipulate a deadline for the consumer to use the credits are "an affront to property rights" and also cause a profit for illegal operators. The agency also estimates that these clauses are unfair because they cause imbalance in the relationship between consumers and businesses.
The judge reported the case in TRF-1, Federal Judge Souza Prudente evaluated to determine valid for the use of credits is a "forfeiture of advance amounts paid by public telephone, which is due to consumers". He also said the measure discrimination because the poorest consumers.
Although the matter is regulated by the National Telecommunications Agency (Anatel), for the judge to impose a limit on the use of credit also violates the Code of Consumer Protection.
"The FCC can not and should transcend the limits of the current law, as in the case, to enable the illicit enrichment of mobile phone dealers. Nor am I convinced by the arguments to the effect that the contractual relationship between the utility and the users would eminently private and, therefore, the setting of specific expiration date for credits purchased by them would not be subject to the express legal provision " completed Souza Prudente.
The companies affected by the decision were sought by GLOBE. For now, just Oi responded and said he would not comment on the decision. TIM said it has not yet been officially notified of the ruling, but anticipates that it will respect the determination of Justice.
Source: The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.