Clipping of news on Brazilian Culture, Law and Citizenship
09/09/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Ministry of Justice wants to punish more harshly violating companies , including suspending sales
BRASILIA - Dissatisfied with the low value raises with fines in cases of breach of consumer protection law , the federal government wants to make these violations hurt the pocket of companies . For this, is studying tougher measures in case of violation of rules . In the week that the Consumer Defense Code ( CDC ) turns 23 , the director of the Department of Consumer Protection and Defense ( DPDC ) of the Ministry of Justice , Amaury Oliva , O Globo reported that the agency is discussing with regulatory agencies ways to make the system more effective sanctions , through the suspension of sales of services , for example , as has been done in the case of telephone companies .
balance the department shows that since 2008, the amount paid was R $ 987,894.29 . This represents 1.36 % of total R $ 72.40 million in fines applied by DPDC . 120 penalties , only seven were paid . The money is intended to fund Advocacy Diffuse ( FDD ) of the Ministry of Justice , actions aimed at protecting the environment , public property and consumer protection . The director explained that , with the launch of the National Consumption and Citizenship ( Plandec ) , on March 15 , the government began to prioritize conflict prevention and resolution of issues between businesses and consumers . But , on another front , the trend is that companies are increasingly charged disrespect to the consumer.
- The Plandec brought various prevention and the opportunity to market to join this plan and solve the problem of the consumer. If companies do not take advantage of this opportunity , we will work to that ( disregarding the rights of consumers ) become increasingly expensive - Oliva said .
The balance of the collection reflects DPDC immediately made by the firms after imposing the fine . By rule , after notification , they are given ten days to file an administrative appeal in the National Secretariat of the Consumer ( Senacon ) . But most companies prefer to turn to the courts to postpone payment . In most cases , the payment is made , but money takes up to ten years to get into the public coffers . The director said that even the use of this strategy should weigh more in the pocket of companies :
- We have observed a greater tendency of judges require the full deposit of the amount of the fine . Thus, companies who use the courts as a means to delay payment must disburse the amount anyway .
Oliva said that the Ministry of Justice has worked to strengthen the consumer protection agencies . The government sent in the first quarter of this year , a bill to Congress to an agreement made in defense organization is used as judicial enforcement , which accelerates a possible action for damages in court if the company does not meet the promised . DPDC also wants regulatory agencies , to create some new regulation also have in mind the CDC .
The total fines imposed in the last five years , the largest share occurred in 2009 after the enactment of the 6523 law , which regulated the Service Consumer ( SAC ) , in December 2008 . That year , there were 41 penalties , totaling R $ 23.6 million . However , only three - which totaled R$ 205,080 - were gathered Defense Fund Diffuse Rights . This year through August , the fines reached R$ 15.61 million , but none has been paid so far.
Among the major sectors are punished the telecommunications , financial , food , electronics , automotive and construction . The subjects are also recurring : supply and advertising , labeling , health and safety , product without sending request addiction manufacturing , merchandising and child abuse .
Proof of competence
The president of the Brazilian Institute for the Study and Protection of the Consumer Relations ( Ibedec ) , José Geraldo Tardin , considered that , in addition to fine , with regard to the provision of services such as broadband , the government should require companies to return money to the consumer in the event of non-compliance with a minimum rate of efficiency. A further step , in his view , is the change in the rules of competitive bidding , demanding in addition to price , the companies demonstrating technical competence in service provision .
- Today , disobeying a contract compensates for the small fines Justice applies , as if the damage was a mere unpleasantness of everyday life . We need a change in the mindset of the consumer , the judges , the jurists , the whole system - said Tardin , for whom a profound change in consumer relations in the country should take at least 50 years.
Maria Ines Dolci , coordinator of institutional Protest - Consumers' Association , said that today, one of the major demands of the defense agencies is a partner with the law in order to curb the violation of rules .
- We need a policy that involves regulatory agencies , consumer protection agencies and justice , so that companies can not re-sell their services without resolving consumer problems that already serve - defended .
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Source : The Globe
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This article was translated by an automatic translation system, and was therefore not reviewed by people.