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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Plaques or tickets that indicate that establishments are not responsible for goods are illegal, according to director of Procon
Director of Procon Porto Alegre, Cauê Vieira answers questions about the rights of the consumer in case of theft or robbery in private parking:
Does the victim of a robbery inside the parking lot of a mall, supermarket or other private location have the right to recover the stolen items?
When offering parking to the consumer, even if free, the supplier assumes that space is part of the consumption relationship. To the extent that it is part of the consumption relationship, the service must be effective and efficient. The Consumer Code therefore provides that the customer be indemnified for any damages suffered.
The message "We are not liable for damage to vehicles parked at this location" appears on tickets or signs from some private parking lots. Does this exempt the supplier from your responsibility?
No. According to the Consumer Protection Code, clauses that nullify or exonerate the supplier from liability to indemnify a certain injury are null and void. If the consumer is faced with this type of warning, he should send a complaint to Procon of his city, informing this fact, which, in itself, is already characterized as an illegal commercial practice, deserving notice from the consumer protection agency.
In Porto Alegre, just take a photo of the warning by the phone itself and send it to Procon through the Procon Porto Alegre smartphone application, available for IOS and Android systems, identifying the name of the establishment and its address.
What do I need to do to get the stolen items back?
The ticket or parking ticket shall be proof of the guard relationship of the vehicle at the day and time specified therein and no further evidence shall be required in principle. In case of a complaint involving the theft of property, it is essential that the consumer proves ownership of the same, through the invoice of the property.
For example: a tablet was stolen from the vehicle. The consumer must prove that he had a tablet, purchased on such date, in the amount of real X. This also serves to quantify the damage.
What is the process for this?
The guidance is to immediately inform the management of the establishment in the greatest possible detail so that the answer is possible. We also suggest that the consumer produce evidence directly on the spot, such as photographs of how the vehicle was found, especially in cases of scratches, knocks or damage to the bodywork and the interior of the vehicle.
Even if there is no response from the establishment, it is essential to register a police report at the nearest police station, in order to protect their interests, but also to inform the police authority of the existence of the crime.
It is important to go to Procon if the company denied refund. If the negative is verbal, write down the name of the employee with whom the contact was made, the day and time. If there is no individual solution or by Procon, it is necessary to initiate legal proceedings, with a lawyer or via the Public Defender's Office.
Is there a deadline for requesting compensation?
According to article 27 of the Consumer Defense Code, the term is five years from the date of knowledge of the fact. However, we repeat the prompt registration guidance.
Does the return take place in cash or in new cars or stolen objects? Is there a deadline for return?
Such issues are the subject of conciliation and possible mediation between consumer and establishment. The standard is the return of the goods or things in the state in which they were before the damaging fact.
What exceptions may exclude the liability of the supplier in these cases?
When action is costly of a fortuitous event or force majeure. For example: hail rain, armed robbery, earthquakes. The second exception is when the guilt is exclusive to the victim, when care and basic care could prevent the injury. Example: go to the market and leave the car in the parking lot with the windows open and the key in the ignition, leave the vehicle parked in a forbidden place, causing an accident.
The other case would be the sole fault of third parties. Example: You leave your car standing in the parking lot and a truck loaded hood and turns on top of your car.
Source: Zero Hour
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This article was translated by an automatic translation system, and was therefore not reviewed by people.