Clipping of news on Brazilian Culture, Law and Citizenship
24/04/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Measure announced by the government of São Paulo contravenes the Consumer Protection Code ( CDC ) . Consumers who feel aggrieved should go to court and bodies of consumer
Due to the scarcity of water and the low level of the reservoirs that supply the Greater São Paulo , the state government of São Paulo announced on 21 / 04 that , as of May , consumers who raise their water consumption above the average may be fined between 30% and 35%. But the measure has not been detailed yet by the government nor the media. We do not know how it will be edited and by what means : state decree , ordinance, resolution ARSESP ( Regulatory Agency for Sanitation and Energy of the State of São Paulo) .
Idec believes that this measure is unfair and therefore illegal, primarily because it contradicts the CDC ( Consumer Protection Code ) based on art . 39 : " The supplier of goods or services , among other abuses : ( ... ) Item X - increase without just cause the price of goods or services ." In this case , is not characterized the " just cause " as the necessary measures to prevent such a situation were not taken by the government .
The state government has known since 2002 , the worrying levels of reservoirs and water , however , not adopted , the necessary speed , measured as a decrease in physical water losses ( close to 25 % of treated water is applied on the network distribution ) , a higher percentage of sewage treatment in Greater São Paulo ( today , only 50 % of sewage is treated) and rapid exchange of stimulating collective individual meters per meter (measure that induces the individual economy - estimates Sabesp own realize 40 % savings ) . It is estimated that only about 40 % of São Paulo contains condos with individual meters .
" Furthermore , the government claims that may , in compliance with art . 21 of the Federal Decree No. 7,217 , of June 21, 2010 ' to adopt tariff mechanisms contingency ' . But , this same Article provides that it shall be made after the decree rationing , which has not happened yet . That is, the government will have to bear with this announcement officially . Moreover , this decree does not speak in fine " denies Thadeu Carlos de Oliveira , technical manager Idec .
Finally , the art. 30 of this Act provides that the regulatory authority , in the case of São Paulo ARSESP , is who shall rule in this regard , which has not happened yet . "In view of the foregoing , Idec seek reasonable and necessary measures if the state government will actually implement the fine announced in the press ," he adds . The orientation Idec consumer who feels wronged by an arbitrary measure like this is that it can and must resort to justice and consumer protection agencies , but we must await the outcome of this situation .
" It is worth remembering that the CDC itself establishes in its Article 22 , that the State or utility companies are required to ' provide adequate, efficient , safe and, as the essential , ongoing services ' ," adds the manager Idec .
Thus , the physical and negligence Sabesp losses as a clear inefficiency of the service , also become the subject of such a framework in the case of addiction services ( art. 20 ) :
Article 20 . The service provider is responsible for quality defects rendering it unfit for consumption or diminish their value , as well as those due to differences with the information in the offer or advertisement and may require alternatively the consumer and choose from:
I - the remodeling of the services at no additional cost, when appropriate;
II - immediate refund of the amount paid , adjustments, without prejudice to any damages;
III - proportional reduction of the price .
§ 1 The remodeling of the services may be entrusted to duly qualified third for the account and risk of the supplier .
§ 2 are unfit services that prove to be inadequate for the purposes reasonably expected of them as well as those that do not meet the regulatory standards of helpfulness .
" However , the reading of Article 20 ( III ) leads to the water rate should be decreased rather than increased ," concludes Carlos .
IDEC is conducive to conscious consumption of water and believes that the best way for sustainable use of this resource is awareness. To do this , know that measures can be taken to reduce the month-end accounts and collaborate with the environment . Check here
Source : IDEC
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This article was translated by an automatic translation system, and was therefore not reviewed by people.