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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After 25 years of the Consumer Protection Code, consumers began to exercise more effectively their rights
Twenty-five years after the creation of the Consumer Protection Code (CDC), companies rush to keep up with the speed of consumer awareness of their rights and their access to the courts to gain redress when they are violated.
In that quarter century, which will be completed next Friday, the 11th, the consumer began to exercise more effectively their rights, using the growing network of complaint channels, such as state and local consumer protection agencies, public defender and civil rights associations consumer.
Greater consumer awareness has led companies to improve their products and services
Expert in consumer law, the lawyer Roque Z Roberto Vieira point consumers in this way. According to him, who is injured should try first to resolve the problem with the company or the service provider. "For someone who bought a product with addiction, one must ask the money back first. If you can not, you can request a replacement product, and finally, repair, "guides.
Most consumer awareness has led companies to invest in improving their goods and services, but there are still those who seem to ignore the existence of the code, focusing on consumer ignorance of all their rights. For these companies, examples abound of customers who chased the repair and were indemnified by the poor service.
The developer Arlindo Pereira systems, 26, who had his bike stolen in a mall in Irajá in the North Zone of Rio, received compensation of R $ 4,000 from the property. "I went to the movies with my girlfriend, we had dinner and when we left, to our surprise, we saw that one of the bikes had been stolen," he says.
"Days later, still within the period laid down by contact at SAC, informed me that not identified suspicious movement in the bike rack of images and could do nothing," recalls Arlindo. He then sought the court and managed to get an indemnity of R $ 4000 for the bike loss.
? Senate debate rule changes
The Committee on Constitution, Justice and Citizenship (CCJ) of the Senate approved on Wednesday changes in the Consumer Protection Code (CDC). Of the 27 bills on the subject which dealt with together, the rapporteur, Senator Ricardo Ferraço (PMDB-ES), recommended approval in the form of replacement of two of them: the PLS 281/2012, which regulates electronic commerce, and PLS 283/2012, which takes care of the prevention of over-indebtedness.
According Ferraço, one of the important measures on e-commerce relates to consumer repentance of law. A controversial measure at issue provides that the consumer has to bear the operating expenses are out of the deal
? Step-by-step to seek compensation:
Complaint:
Consumers who feel aggrieved by a company should try to resolve peacefully, through e-mails or phone calls, noting the number of care protocol (which can be used as proof of the lack of commitment of the service provider).
Free Action:
When the compensation required values below 20 minimum wages (R$ 15,760), one can resort to a lawyer free of the Public Defender.
Evidences:
The text of the complaint, or during the call, lawyers advise consumers to cite Article 6 of the Consumer Protection Code (CDC), about customer protection, and indicate a time limit for the other party to rectify the problem (preferably two days longer than that defines the contract).
Procon:
If, after the deadline set without any opinion of the company, the peaceful attempts fail, the solution is to resort to Procon with all records at hand. The agency will review the request, and a few days after contacting the company officially will define the way that the cause can be solved.
Compensation:
Depending on the amount of damages requested, Procon can forward the solution to a reconciliation table to the Special Courts or Civil Courts. In cases of coercion or undue inclusions in the Credit Protection Service (SPC), the consumer can move actions for damages.
Moral damages:
The embarrassment or annoyance by the lack of adequate information provider or company can generate action for damages.
Time:
The actions of low complexity, which require compensation of up to 40 minimum wages (R$ 31,520), are arbitrated by Special Courts and resolved within 12 months. Already with superior value go to the Civil Courts and often more time-consuming
Source: IG
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This article was translated by an automatic translation system, and was therefore not reviewed by people.