Clipping of news on Brazilian Culture, Law and Citizenship
11/18/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Brazil is going through a moment of institutional and financial political crisis, this fact is notorious, it happens that this worrying scenario has been affecting sectors of the economy in our country causing in a way a collapse in the relation of consumption.
The time is to plan spending and create a mechanism for personal and family financial re-education.
We see a situation of difficulty among consumers that faced with several factors such as those already mentioned are mired in debt, drastically compromising their family income and even in some cases their own livelihood that include debts with loan slips, financing, school fees, Rentals, condominium fees etc.
It happens that in these moments the consumer, beyond all the difficulty of honoring the debts, still goes through innumerable moral and personal constraints to be compelled by their creditors.
Illegal embarrassment is any behavior of the collector and / or creditor that does not have as essential purpose to make the consumer pay their debt. If the creditor's attitude has no intention other than to embarrass it, it is illegal.
If the consumer is late to pay some debt, the law gives him some protection.
It is important to note that our Code of Consumer Protection-CDC does not prohibit the collection of charges, which can not occur are the abuses to carry out such.
It is not illegal to exercise a right. Therefore, it is not considered embarrassing to protest a title issued and / or denial of name in the Credit Protection Service-SPC / SERASA of a defaulting consumer. It is not illegal also the extrajudicial charges made by telephone and correspondence, as well as filing of the collection action.
We will assert that the creditor / collector's threat to the consumer that he will exercise his right to refuse, protest and prosecute is a lawful bid because it is the regular exercise of his right to receive what he owes him.
What Article 42 of the CDC prohibits are the attitudes of the collector who exposes the consumer to ridicule, subjecting him to an unjustified embarrassment or threat.
Here are some examples that we have already seen here in the PROCON Municipal of Cuiabá-MT, such as, placing lists with names of debtor students in the corridors of the school / college, putting a list of defaulting condominium owners on the building's mural, To the officials and / or the head of which it is a question of debt collection and even to favorable decisions of our native courts granting compensation for moral damages when those uninterrupted weekends and duly substantiated nightly hours occur.
Here in Cuiabá we had a tradition in commerce that still persists in isolated cases, that is, hanging bad checks in the shop window or box to show other consumers who is the default, this is illegal.
Well, such practices, besides being abusive, illegal and in some cases generating the right to compensation for moral damages, is still a crime against the consumer, as provided for in Article 71 of the CDC, punishable by detention of three months to one year And fine.
In the face of such situations, the client / consumer must make an Occurrence Bulletin, informing the facts and the opposite party (creditor company), look for a lawyer of your confidence, PROCON or even a special court, because in many cases there is still interest and Fines for illegally charged and not provided for in contracts, we will talk about this in an article later.
Source: FolhaMax
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This article was translated by an automatic translation system, and was therefore not reviewed by people.