Clipping of news on Brazilian Culture, Law and Citizenship
06/18/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Property is also responsible for making police report
STEPHANIE TONDO
Rio - It is common to hear complaints from customers of gyms on thefts of personal items in these stores, but most still do not know how to act when it happens. For specialists, the facility is responsible for and reimburse the consumer file a case at the nearest police station.
To prevent theft, the ideal is to keep stored objects, instead of leaving them on top of the appliances
Photo: EBC
Specializing in business lawyer, Daniela Rondinelli Capani explains that this type of crime is analyzed both in the criminal sphere, as in civil. "At first, the role of these institutions is restricted to a follow up with the police. Already in the civil sphere, we understand that the academy can answer for damages to the customer, yes, "he says.
For Maria Ines Dolci, institutional coordinator of Protest (Brazilian Association of Consumer Protection), in case of theft within the academy, the company must make a police report and the consumer may require, in addition to compensation, compensation for moral damages.
"It is important that these institutions understand their responsibilities as service providers. They are responsible for providing the security of customers and their belongings, as these are within the enterprise space, "he argues.
She said before closing the contract with the academy, it is important to assess whether the facility has security cameras and cabinets, among other ways to prevent thefts.
Counsel Procon RJ, Carlos Eduardo Amorim says if the company refuses to refund the customer, this may come in contact with the body, it will take appropriate action.
CAMERAS
Client of a network of academies, Elisabeth Barbosa recently had your mobile stolen inside the establishment where do classes. "I left my phone on top of the device and disappeared. The site has security cameras, but the manager said that the images are inconclusive and I will not have my phone back, "she said indignantly.
LAW OF THE CUSTOMER
According to Carlos Eduardo Amorim, the facility must provide the images from the security cameras if they need to prove a crime. "The consumer has the right to access these pictures," says the legal director of Procon RJ.
REMEDY
According to Maria Ines, if the facility refuses to reimburse the value of the stolen items, the customer can go to court to ask for a refund, plus punitive damages. "The company has to guard against this type of situation," he says.
Source: The Day Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.