Suspension or failure to provide public service: consumer rights
This article was translated by an automatic translation system, and was therefore not reviewed by people.
The excellence and continuity in the provision of a public service is a guideline not only Consumerista of Law, but especially the Federal Constitution, determine the proper implementation of public service, even if performed by grant or permission.
In this sense, therefore, the law infraconstitucional in this case the Code of Consumer Protection, supports the Highest Standard, showing both basic right of consumers to adequate and effective provision of service to comment on (Article 6, IX of the Code of Consumer Protection ), as standard on specific services, which in its Article 22 provides, in addition to the basic tax law so far mentioned, the safety and continuity in the implementation of public service.
The lack of compliance to these rules, therefore, creates obligations directly to the supplier, as Article 20 of the Consumer Defense Code:
I - the reexecução services without additional cost and when applicable;
II - the immediate refund of the amount paid, monetarily updated, without prejudice to any damages;
III - the reduction of the price.
It should be emphasized that these solutions do not exclude the possibility of compensation for any damage suffered because of the hindrance of use of the service.
Such laws, in spite Cogent are clear and are commonly ignored in everyday situations remarkable, as has occurred with a broadband service widely used.
During the last week, have been reports of consumers who can not benefit from the engagement. Emphasized, however, that this was not the only recent incident with that service. Approximately one year ago, a breakdown in the system led to the inaccessibility of the contractors and the intervention of the government, through agencies for consumer protection in an agreement with the supplier, which restored the value to users on the days without the possibility of enjoyment service.
However, in spite certain guidelines for the repair to the problem experienced, this may not be the invariable rule. It should be considered for prevention of damage, even understand it according to its legal nature (amended by Law Consumerista) basic right of the relations of consumption. So, in regard to the law and attention to social responsibility, companies should, as much as possible, precedence for the prevention of harm and not targeted, only in its repair.
* Maíra Feltrin is the lawyer Idec
Source: Idec
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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