Clipping of news on Brazilian Culture, Law and Citizenship
09/25/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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RIO AND PORTO ALEGRE - The deaths of more than two hundred young people in the Kiss nightclub in the town of Santa Maria, Rio Grande do Sul, on January 27, led the Ministry of Justice (MJ) to usher in a new phase of health protection and consumer safety in the service area. Will be signed today in Brasilia , the Minister José Eduardo Cardozo , an ordinance which became known within the National Consumer ( Senacon ) as " Ordinance Santa Maria " which regulates the basic right to information about the safety of places of leisure, culture and entertainment based on the Consumer Defense Code ( CDC ) .
In 90 days from the publication of the new rule in the Official Gazette , establishments , as well as event promoters will be required to disclose in advertising material , ads , brochures , tickets and the ticket business licenses , prevention , authorization or equivalent with the respective expiration dates . The maximum capacity must also be fixed in place of high visibility venues , amusement parks , cinemas , theaters and other places where events are promoted .
- With this ordinance is inaugurated social control over services which, in theory , people do not think like consumer relationship . We arrived here on Monday after the tragedy of Santa Maria arguing that it was an accident consumer , sold a leisure service for those young people . It is now thought that contract a classic way , but he is nothing more than an agreement between the parties . And in the case of a show, the materialization is the ticket. And leisure should be safe , you can not endanger the life , safety , integrity of people . And the information of the license is proof that , at first , that the site has been inspected and is safe - highlights Juliana Pereira , head of Senacon .
Punishments range from fines to criminal
Who does not comply with the new rules will be subject to the penalties provided in CDC - ranging from a fine to a suspension of activities . And more than that , remember the secretary , criminal penalties :
- The Procon can not apply criminal penalties , but can refer to the Prosecutor a tax assessment if it is found , for example , untruthful information regarding the ability of the houses or validity of the license . In these cases it is measured and a criminal prosecution . In the inspection process will be key to consumer engagement . If you go to Lapa and see the bar license has expired or the funk has no information on the ticket , he must notify the Procon . If that house show not tell what should not go . Think you may be putting your life at risk and who you 're taking too. Just as we do not take a medicine that is not registered with ANVISA , a drink that does not know the origin , should not go to an event that leisure has no safety guarantee - underscores Juliana .
Directly involved in the case of Santa Maria , the public defender Felipe Gaucho Kirchner , one of the collaborators in the preparation of the ordinance , believes that the new regulation is an important step to strengthen the supervision of the entertainment industry :
- It is a fundamental measure , since the tragedy was derived from acts of omission both of the owners , as the government in relation to security . The tragedy showed that there is a permissive rules and fiscalizatória . Then mark out guidelines - however minimal - is important. Legally see with good eyes because it joins another level , since there is no federal standard standardizing this topic . It is a first step to standardize the inspection activity , which ended when the license was issued . The government has a moral obligation to continue overseeing the establishment after graduating - says the public defender .
For association , concierge does not solve
Adherbal Alves Ferreira , president of the Association of Relatives of Victims and Survivors of the Tragedy of Santa Maria , who lost his daughter in the tragedy of 22 years , finds it necessary to go further:
- I think I can help but is not a complete solution . Report data is important , but that does not mean it's the reality there on the spot . On paper is one thing , practice is necessary to ensure that supervision is respected . For us who suffer from the tragedy , it is more adequate environmental safety standards and stricter not only information about license and ability . But of course it is a first step , at least one , with this information , will be more careful , require the nightclub fulfilled which is reporting . But in general, I think we can move forward much more .
In the city , a decree of Mayor Eduardo Paes provides that only sites that are covering all authorizations days - business license and report from the Fire Department - receive permission to host events such as concerts .
- Consumers need to expand your concept of what is accident consumption, which is not limited to damages caused by products. It is something broader , after all who bought tickets to a party in a nightclub or on a boat believes that the site is secure. And if a problem arises , he should know who to turn immediately - says Solange Amaral , municipal secretary of Consumer Rio , responsible for Procon Carioca .
Juliana Pereira points out that the idea of the ordinance is to prevent, but which , in case of accidents , will make it easier for consumers to exercise what it calls " social control " , identifying those responsible and demanding their rights .
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This article was translated by an automatic translation system, and was therefore not reviewed by people.