Clipping of news on Brazilian Culture, Law and Citizenship
 


Consumer News

STJ decision allows operators re- set deadlines for using credit cell

11/01/2013

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

 



transparent image


If the credits were " eternal " - determined according to the decisions of the Federal Court of the 1st Region - there would be a risk of increased prices for users , claims Anatel

Consumer will run to use credits Photo : DON EMMERT / AFP

RIO - The National Telecommunications Agency ( Anatel ) obtained in the Superior Court of Justice ( STJ ) decision restores the validity of the regulation that allows providers to fix terms for use of credits included in prepaid plans for mobile telephony. In mid- August this year , unanimous decision of the 5th Chamber of the Regional Federal Court of the 1st Region ( TRF- 1 ) determined that the terms should be canceled phone contracts that defined the term.

The decision , which takes effect immediately, was taken yesterday by the president of the Supreme Court , Minister Felix Fischer , in the face of application for interim injunction and judgment filed by the Attorney General's Office , through the Federal Attorney Specializing with Anatel and the Attorney General Federal .
With the pronouncement of the Supreme Court , were suspended from the outset the effects of previous decisions made by the Panel of the 5th Federal Court of the 1st Region in the course of civil action .

In its request , the Federal Attorney Specializing explained that the credits should necessarily have validity periods to avoid price increase to consumers and to preserve the business model prepaid , whose success allowed the mass that telecommunications service for the benefit of million Brazilians - currently there are over 200 million mobile prepaid .

If the credits were " eternal " - as determined decisions of the Federal Court of the 1st Region - there is risk of price increase to general users , since providers would have to pass on to all your customers spending needed to keep eternally active lines deficit . The FCC noted that the providers have costs of active lines , for example, Operation Inspection Fee ( TFF ) , Rate Installation Inspection ( TFI ) and unit costs of licenses " software " platform of prepaid and other operating costs .

A consumer , for example , acquired a pre - paid phone line ( chip ) with R$ 10 credit could , if the earlier decisions prevail , consuming R$ 9 and remain at R$ 1.00 forever , with its line active and able to receive calls forever, causing operating losses the provider , which would tend to pass them to the attention of consumers , the regulator said . According to Anatel , the maintenance of " credits eternal " place therefore at risk the existence of the business model prepaid , Brazil 's most popular , used by 80 % of mobile phone users .

With the decision of the President of STJ reverts to effective regulation of the agency, which provides:

 The credits may be subject to an expiration date.

 The provider can offer credit to any expiration date provided that enables the user to purchase credits , reasonable values , with a maturity less than 90 days and 180 days .

 Whenever the user enters a new credit balance exists , the provider must revalidate the entire balance of the loan resulting longer period between the deadline for new loans entered and the remaining term of the previous loan .

 In the case of insertion of new credits , before the deadline for termination, unused credits and expiration dates will be revalidated by the same deadline for new loans acquired .


Read more about this topic in
© 1996-2013 . All rights reserved Infoglobo Comunicação e Participações SA This material may not be published , broadcast , rewritten or redistributed without permission .


Source : The Globe - Online

Our news are taken in full from our partner sites . For this reason , we can not change the contents of the same even in cases of typos .
transparent image

This article was translated by an automatic translation system, and was therefore not reviewed by people.

Important:
The JurisWay site does not interfere in the work provided by doctrine, why only reflect the opinions, ideas and concepts of their authors.


  Subjects list
 
  Copyright (c) 2006-2009. JurisWay - All rights reserved.