Clipping of news on Brazilian Culture, Law and Citizenship
08.28.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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On appeal of the Net, which required the acquisition of specific modem Court reaffirms the power of state protection agencies and local
The Departments of Protection and Consumer Protection (Procon) state and municipal contracts have jurisdiction to interpret and apply sanctions if verify the existence of unfair terms. The decision was the Second Chamber of the Superior Court of Justice (STJ) by rejecting special feature of the Net Belo Horizonte Ltda.
The provider of internet access was accused of imposing subscribers customers Net Virtua plan the requirement to also sign the content provider with minimal fidelity of 24 months on pain of service disruption. The Net was also forcing users to purchase a modem specific model and sign a statement of responsibility for its use.
After complaint determined by the Minas Gerais Procon, the company was fined just over R$ 200 000 because of the fidelity and liability waiver. Punishment for "tying" was overruled by an administrative trial.
The Net has not yet manifested.
LEGAL CONTROL
On appeal to the Supreme Court, the company contended that the power to interpret contractual clauses would be exclusive of the judiciary, which would make illegal the fine imposed by the mining Procon.
Minister Humberto Martins, resource rapporteur, said the government has no judicial function but has legal control through its organs of administrative decision, which makes possible the interpretation of contracts and the application of punishments by state consumer protection agencies and municipal.
According to Martins, Article 4 of the Consumer Protection Code (CDC) legitimizes the work of various agencies in the market, such as consumer protection agencies, the Public Defender, the Public Ministry, the specialized police stations and surveillance agencies. The general rules for the application of administrative sanctions are set out in Decree 2,181 / 97, which deals with the National Consumer Defense System.
When dealing with unfair terms, the minister said that "Article 51 of the CDC brings a merely illustrative list in an open concept that enables composition of other abusividades that threaten the balance between the parties to the consumer contract in order to preserve good faith and consumer protection. "
In a unanimous decision, the group dismissed the appeal of the company.
The judgment was published in the last 17 days.
Source: The Globe
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This article was translated by an automatic translation system, and was therefore not reviewed by people.