Clipping of news on Brazilian Culture, Law and Citizenship
08.09.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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With anniversary of 25 years on Friday (11) one of the most known laws by Brazilian - the Consumer Protection Code - is ready to have its modernization voted by the full Senate. Last week the Committee on Constitution and Justice (CCJ) of the House accepted the theme of the rapporteur's recommendation, Senator Ricardo Ferraço (PMDB-ES) to approve in the form of substitute two proposals: one, the PLS 281/2012 regulates the e-commerce: the other, the PLS 283/2012, takes care of the prevention of over-indebtedness.
Reform can still result in increased environmental responsibility of the company, restricting the spans, the expansion of the rights of return of goods and more protection for the consumer in international commerce.
Senator Ricardo Ferraço, rapporteur of the commission that will investigate the Brazilian accounts in HSBC Bank branch in Switzerland (Marcelo Camargo / Agency Brazil)
Senator Ricardo Ferraço advocates the modernization of the Consumer Protection Code
Senator Ricardo Ferraço advocates the modernization of the standard that is debated in the House since 2011. The MP says he has asked the President of the Senate, Renan Calheiros (PMDB-AL) which put proposals to a vote as a matter of urgency after the holiday September 7: "I think the text is very mature, it has been hotly debated. I believe that the controversies that existed have been overcome in the debate based on comparative law and good interactional practices. It was necessary to use a lot of needle, a lot of line to go stitching, advancing, but the fundamental commitment that we had since the beginning of the debate, we kept to the end: not incorporate any setback to the achievements. Did was move the code, "he said.
Not so says the Brazilian Association of Procons (ProconsBrasil). For the vice president of the organization, Gisela Simona, one of those setbacks with regard to electronic commerce. The controversy gives possibility of the National Civil Aviation Agency (ANAC) regulate differently the cancellation rights in contracts with airlines.
The text in question says that the agency will have 180 days after the entry into force of the Act to make regulations. "That, to us, is not good from the consumer point of view; we have not had a good reception by various regulatory agencies, "he complains.
The ProconsBrasil is against the way the update is being proposed. "The Code does not need to improve. What we believe is that anyone who needs to improve are the suppliers. To the extent that we have an aftermarket posture understood as something that actually can bring a return to the company as far as sales, we believe we can have more balanced consumer relations in Brazil, "said Gisela. For her, the changes could be made not necessarily by upgrading the CDC, but with "sparse legislation in order to avoid setbacks."
The regulatory CDC articles by regulatory agencies also faces resistance from the National Consumer Bureau (Senacon), linked to the Ministry of Justice. "We understand that the code regulations should not be by any regulatory agency. It must be regulated by decree of the president, as historically it has always been. The presidency is conditional hear everyone involved. Submit it to a regulator, from a democratic point of view, does not seem the best alternative, "said the secretary Juliana Pereira.
The National Secretary of the Consumer Ministry of Justice, Juliana Pereira, talks about the Defense Code ConsumidorArquivo / Marcelo Camargo / Agency Brazil
Despite the disagreement, for Senacon the update of the standard is inevitable and important, provided it is timely. In this regard, the Secretariat said that the proposals under discussion include the two most important issues in this matter: e-commerce and over-indebtedness. "We have contributed to this update does not generate backlash and is as surgical as possible not to turn this update a code re-discussion that is no longer the case," said Juliana Pereira.
The text approved in CCJ dubious advertisements with easy money and tempting offers of goods and product offerings, poorly explained contractual and aggressive approaches to popular credit taken that confuse the most unsuspecting and encourage indebtedness are on borrowed time.
Financial education, culture of responsible lending, more clarity and truthfulness of the information and renegotiation of debts are among the main points of this project. Among other points, the text prohibits the placement of advertising credit as the terms "interest free", "free", "without adding" with "zero" or similar meaning or understanding speech.
A piecemeal sale is understood as provision of credit. Thus, it has embedded costs in the price. Who violates this provision may be required to pay a fine, deny the previous offer and may even have seized product or service outage.
The supplier will also have to assess the consumer's condition to repay the debt, including checking whether it meets restrictions in the credit protection agencies. If make available credit indiscriminately, could suffer waiver or reduction of interest rates, charges, or any addition to the principal and even compensation to the consumer.
If approved in the Senate, the text will follow for consideration of the House of Representatives.
Source: Agency Brazil
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This article was translated by an automatic translation system, and was therefore not reviewed by people.