Clipping of news on Brazilian Culture, Law and Citizenship
06/03/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
The ( National Civil Aviation Agency ) Anac plan rule requiring airlines to return the value of the ticket for those who give up the purchase within 24 hours . This is the "right to repentance " , of the Code of Consumer Rights and already used, for example , in ecommerce .
On the matter , the lawyer Dr. Vinicius Zwarg , expert in consumer law , explains the main details of the action.
What are the consequences for airlines in relation to non-compliance ? There will be fine?
The resolution is not yet in force. Therefore , there is no penalty to be applied . As a rule , in case of breach of any of ANAC Resolution - or any other Regulatory Agency - an administrative penalty is imposed , the fine may be one of them .
How will the relationship with the tour operators ?
In case of changing the rules , will have at least - in principle - that carry them , as part of the composition of their service is the air ticket and everything around it .
Who will be the legal responsibility ?
In light of the Code of Consumer Protection and the liability is joint , ie having more than one author the offense , all jointly liable for paying for damages under norms of consumption. However , liability in CDC is not absolute , because the Code provides some exclusive liability ( exclusive fault of the victim or a third party , which had no defect or not put the product in the consumer market ) . Ideally, each is examined individually in the light of our legal system .
Who is responsible for enforcing sentences ? Federal Government ? PROCON ? ANAC ?
In the case of ANAC and PROCON ( S ) , in principle, anyone can apply penalty because legitimacy is concurrent and disjunctive . However , the doctrine has understood that some ( most severe ) administrative sanctions should be applied only by those who regulates the activity . Example : a temporary suspension of the activity of a supplier .
The information regarding the Law of Repentance must be available to consumers ? Are the sites ?
For sites , according to Decree 7.962/13 ( Decree of Electronic Commerce ) , the supplier shall, clearly and prominently , appropriate and effective for exercising the right of cancellation by the consumer media . Not being ecommerce , understand that there is no obligation to inform the Supplier that it is repentance , because the law does not, in principle this requirement . However , when exercised in the manner of the law , the deal should be scrapped and refunded the amounts paid in any capacity . In general , companies in the ecommerce segment adapted to the Decree and made the adjustments required by law ( contract summary , information regarding the exercise of repentance , physical address information , etc. ) . From what I've seen , companies still set with respect to the Decree , are sparing no efforts to rectify their situation - which is good , because the segment now has more credibility in the consumer market.
Companies ( cards / other suppliers ) should pay the chargeback immediately and without cost to the consumer ?
Yes , as established in art . 49 CDC ( right of retraction ) , made the discontinuance of business within the term established by law (7 days from the date of signing the contract or receipt of the product or service ) , any amounts paid on any basis shall be returned.
What are the controversial aspects of the law of repentance ?
There are numerous . I'll highlight the most controversial : whether the consumer has the right to repentance because of the nature of the service or product ( unsubscribe films , perishables , airline tickets , etc.) can be repentance in case of service; repentance case of bad faith of the consumer regret in situations which vesting (or part thereof) occurred within the establishment , among others . All very controversial and not yet discussed in depth by the doctrine and the judiciary.
Source : Uol - Modern Consumer
Our news are taken in full from our partner sites . For this reason , we can not change their content even in cases of typos .
This article was translated by an automatic translation system, and was therefore not reviewed by people.