Clipping of news on Brazilian Culture, Law and Citizenship
03/27/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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BRASILIA - The Temporary Commission to Modernize the Code of Consumer Protection has approved the afternoon of Wednesday the report of Senator Ricardo Ferraço ( PMDB - ES ) . Now , the text follows for analysis on the Senate floor . Before the vote , the rapporteur said that the expectation was to vote for the text , then refer it to the Senate floor .
- The modernization of the Code will broaden considerably the range of consumer protection with regard to compensation for material and moral damages , the provision of clear and accurate information about products and services, and protection against misleading advertising and against dangerous products and harmful - the rapporteur said .
The proposals were discussed in committee for over a year. Initially , they addressed the issues indebtedness , ecommerce and collective actions . In its report , Ferraço decided to withdraw the theme " collective action " which involves the search of a right by a group of people , on the grounds that the matter " is complex and demands more dialogue to its ripening " in Congress . The exclusion of this subject was also requested by the Executive , which held that it extrapolates the discussions related to consumer protection .
indebtedness
The report consolidates the understanding that , in granting the payroll loan, the portion for the payment of debts may not exceed 30 % of net monthly income of the borrower . In addition , financial institutions will also be accountable for the situation of over-indebtedness of consumers and should even review the deadlines for payments and reduce interest and penalties in case of breach of limits .
- The goal is to preserve the so-called existential minimum , understood as the minimum amount for the maintenance of reasonable monthly living expenses , such as water , light, food , health, housing and education - Ferraço said .
For the text, the consumer shall have a period of up to seven days to regret hiring the deductible credit . He must, in this case, the value returned to the supplier which was delivered , plus any interest accrued to the date of actual return .
According to the text , credit contracts will contain , simply and clearly , given as the effective interest rate, the total amount of benefits and burdens .
- Advertisements dubious credit , with terms such as ' interest free ', ' zero rate ' or ' free ' are prohibited - Ferraço explained .
Elici Bueno , executive coordinator of IDEC , celebrated the adoption of the report : - It was great that report was approved unanimously , with the positives for the consumer . Now that will be taken to the plenary of the Senate , we will continue this discussion for gifts that are kept mainly the issues that concern the financial consumer citizenship and existential minimum .
Procons
The text also includes strengthening Procons , allowing these agencies to apply in case of violation of the rules of consumer protection , corrective measures such as requiring replacement or repair of the product or compliance with bid announced .
- The Procons may also take part in the preliminary stage of the renegotiation of debts superendividado consumer process , seeking to reconcile the parties in the formation of global payment plan - said the rapporteur .
The report maintained its forecast of a differentiation for exercise of repentance for purchases of airline tickets . In this case , the National Civil Aviation Agency ( ANAC ) should draw up specific regulations . If the text is approved , the regulator will have 180 days after the entry into force of the law to complete the rules .
ecommerce
With regard to e-commerce , Ferraço said the suggested changes seek to preserve the security of transactions and personal data privacy .
- The sites will be required to report , within easy viewing , geographical and email address , company name and other information about the maintainer as well as the total price of the product or service , including additional fees , taxes , freight costs - said .
The group buying sites are co-responsible for the product or service offered , jointly liable for damage caused to the consumer . The supplier must also immediately inform the competent authorities and consumer potential data leaks and commitment , even partial, of system security .
The report also incorporates general rules on sustainable consumption . Labels and manuals should include , for example , information on the environmental impact and the proper disposal of products and packaging .
The rapporteur also included a rule to prohibit abusive advertising of children's products . For the text, are considered unfair supply and advertising aimed at children that promote discrimination against those who are not consumers of the product or service advertised , stimulate socially reprehensible behavior, contain mandatory consumer appeal or employing child or adolescent on condition spokesperson of appeal to the consumer .
In evaluating Maria Ines Dolci , Institutional coordinator of Protest - Association of Consumers, consumer protection was expanded :
- Updates have kept the essence of the Code , but detailed subjects where the vendor still presents resistance in the solution meet the demands of consumers . It was a breakthrough for consumer relations .
Read more about this in http://oglobo.globo.com/economia/defesa-do-consumidor/comissao-aprova-relatorio-sobre-codigo-de-defesa-do-consumidor-11994067#ixzz2xA8Zaj2L
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This article was translated by an automatic translation system, and was therefore not reviewed by people.