Clipping of news on Brazilian Culture, Law and Citizenship
08/25/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
MS government fully vetoed project to be 'unconstitutional'.
Proposal provided for car without vehicle customer for more than 15 days.
G1 MS
The governor Reinaldo Azambuja (PSDB) vetoed bill that requires automakers to provide spare car for those who stayed with the vehicle stationary for more than 15 days due to lack of parts in Mato Grosso do Sul.
For the government, the bill is unconstitutional because the text conflicts with the prescriptions of the Consumer Protection Code. Federal Law 8,078 / 90 provides that, in such cases, if the problem is not resolved within 30 days, the consumer may require alternatively and your choice.
So there is no possibility of replacing the current term in the standard (30 days) for the proposed (more than 15 days) as the veto published in the Official Gazette on Tuesday (23).
The matter must return to the Legislative Assembly, where the state deputies may maintain or overthrow the veto of South Mato Grosso Executive.
Legislative
The bill was approved in second vote, in the session of August 2nd. According to the proposal authored by State Representative Cabo Almi (PT), the mandatory provision of similar vehicles, own or leased fleet, it would be applied during the period of contractual warranty.
The PT deputy was based on a state law of Pernambuco. He justifies that a product warranty of reason or service is to offer consumers the assurance that have the product or service purchased in full operation during the deadline stated in the warranty.
According to the report, the Consumer Protection Code establishes rules to protect the consumer in cases where it needs to request the repair of a product or the adjustment of some service. However, does not specify a solution to the time when the consumer is the product without waiting for the repair.
For the parliamentary, as the vehicle is an expensive and essential product for the consumer's life, only the general rules of federal law are not enough, "especially because they do not require the supplier to indemnify or compensate the consumer when that runs out of your car during the time required for repair. "
Moreover, he points out that suppliers should have the responsibility and obligation to provide immediate correction of any defects or defects that may arise in the vehicle during the warranty period.
It recognizes that there may be problems relating to stock, import and manufacture of parts, but points out that these disorders can not be transferred to the consumer.
Source: G1
To access the G1 site, 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.