Clipping of news on Brazilian Culture, Law and Citizenship
08/17/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
Can you imagine being in a beauty salon and suffer an assault? Nowadays, insecurity does not give truce. However, legislation can help the consumer target of violence in shops. The customer can file suit against the company and ask for compensation for moral damages. The Consumer Protection Code (CDC) believes that among the duties of service providers is to ensure security. Article 14 of the CRC states that the service provider responds, regardless of fault, for repairing damages caused to consumers by defects related to service provision, as well as insufficient or inadequate information about the use and risks.
The analysis of the case depends on the activity of the establishment. Banks are required to provide secure conditions for the user to move money, it is considered a risk branch, explains Professor of Consumer Law School Guararapes (FG), Alessandra Bahia. "It is considered an internal act of God, it is not exclusive responsibility. Since the branch is risk, the bank may be prevented from providing security theft. Compared to large enterprises, such as malls and supermarkets, there is divergence in the case law. Some consider that they have the means to promote a safe environment. Already in general stores have no obligation to provide security due to the nature of the business, "he says.
In relation to thefts and robberies in parking lots, the lawyer of Citizenship Defence Association and the Consumer (Adeccon), Lorena Grinberg, remembers the score sheet No. 130 of the Supreme Court, blaming the company for compensation for damage or vehicle theft occurred in your car. "The warnings that say companies are not responsible for theft or theft do not exempt anyone," he explains.
To get the indemnity payment, you need to present evidence such as parking ticket, witness statements and invoices.
BUS
In a scenario of growth in the number of assaults on the bus, the consumer is also protected by law and can seek their rights. According to the Department of Social State Defense (SDS-PE), there were 506 assaults collective bandits in the first half of this year in Pernambuco.
What few people know is that transport companies have a Liability Insurance Mandatory established in the State Decree 40,559 / 2014 which regulates the Intermunicipal Collective Transport System of Pernambuco Passenger (STCIP / PE).
Despite the law, the student Lara Tôrres who had the phone stolen in a bus, failed to compensation after recourse to justice. The company did not release the footage and alleged lack of evidence. "I did not think to get witnesses because he was nervous, but presented other evidence. Even with my frustrating experience, I believe that is true try to seek their rights, "he says.
Alessandra Bahia states that the company is required to provide the cameras.
ANSWER
The bus companies, through the Urban-PE union, say they do not have responsibility for assaults within the collective. In a note sent to the blog, Urban notes that are investing in security. Check out the reply in full:
The operating companies, as well as the population, are victims of assaults on collective the Metropolitan Region of Recife. The Urban-PE and its associates have carried out actions to inhibit such occurrences. We emphasize investment in Electronic Ticketing and encouraging the use of electronic cards VEM for payment of tickets, in order to reduce the amount of money the board and make the assault on less attractive collective.
The industry has also invested in video cameras, safes in vehicles and GPS system. We also reinforced operators companies send detailed reports with the records of assaults to the competent authorities in order to allow the planning of police action.
The Urban-PE informs that constitutes exclusionary because of the carrier's responsibility to completely strange fact to transport itself, as is the assault occurred within the collective. Public safety a state responsibility. There in the insurance product authorized for this type of situation market.
Although there is disagreement regarding the right to compensation, Lorraine Grinberg says that companies should rather compensate the passenger because of insurance. "Insurance is embedded in the value of the ticket. If attacked, the passenger may seek the company and ask for repair. If you feel resistance or be denied, should look for a consumer protection agency. It is important to the police report (B.O) and present other evidence. "
Source: UOL
To access the UOL website, click here.
Our news are taken in full of our partner sites. For this reason, we can not change their content even in cases of typographical errors.
This article was translated by an automatic translation system, and was therefore not reviewed by people.