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Consumer News

Consumer's right to gain status for the National Secretariat

30/05/2012

This article was translated by an automatic translation system, and was therefore not reviewed by people.


 



It was created on Tuesday (29/5), the National Consumer (Senacon) of the Ministry of Justice, by decree of President of the Republic, Rousseff. The new office comes when some of the responsibilities of the Secretariat of Economic Law of the Ministry of Justice (SDE / MJ) will be absorbed by the Administrative Council for Economic Defense (Cade).

The Senacon will coordinate the National System of Consumer Protection (SNDC), formed by Procon, Public Defenders, prosecutors, civil entities of consumer protection and consumer precincts. Also, will conduct the National Policy of consumer relations, which was previously duties of the Department of Consumer Protection and Defense (DPDC).

The new office will act also in new areas such as:

Expansion of services for citizens, states and municipalities to support the creation of Procon and civil society in the organization of consumer associations;
Increased access to credit, working together with other organs such as the Central Bank, the Ministry of Finance and Securities Commission (CVM) to structure policy for financial education for consumers;
Protection of personal data, building a National Policy on Personal Data Protection, from a new legal framework that is being consolidated by the Ministry of Justice in conjunction with other government agencies;
New technologies and electronic commerce, monitoring the impact of new technologies in the consumer's life and controlling abuses and disrespect;
Quality and product safety, working in conjunction with the Inmetro, ANVISA and other partners in the prevention of accidents and consumption policies to encourage the improvement of product quality;
Regulatory Impact Analysis for the consumer, including the regulatory agenda of the country to analyze the impact of the regulatory process for the consumer, such as cost reduction and quality improvement in regulated services such as telephony, broadband, credit, air, land and health plans.

The other members of the National Consumer Protection (Procon, Defenders, Prosecutors and civil organizations) continue to play its role in protecting consumers, together with the new office. The Department of Consumer Protection (DPDC) before connected to the SDE, continues in the Ministry of Justice and from the day 29/5, is linked to Senacon.

The more equal income distribution and the inclusion of new consumers in the consumer market require the expansion of institutional capacity of the federal agency responsible for National Policy for Consumer Relations. The creation of Senacon is the recognition that consumer protection is a fundamental instrument for the guarantee of citizenship and the balance in consumer relations.

Antitrust - Also from Tuesday (29/5), shall enter into force the Law 12.529/11, which recasts the Brazilian System of Competition Defense (SBDC). The new law makes the system more efficient, curbing the negative effects on the economy arising from the abuse of economic power.

Among the changes, there is a prior analysis of mergers and acquisitions. From now on they should be submitted to CADE before being completed, not after, as was the rule of law 8.884/94. Brazil was one of the only countries in the world who adopted this practice.

The Cade will have a maximum of 240 days to review mergers, renewable for another 90 days in case of complex operations. All operations will be analyzed in which a business has annual revenues exceeding R$ 400 million and the other over R$ 30 million in Brazil.

Another change brought about by the new legislation is the restructuring of Cade, who will absorb some of the responsibilities of the SDE of the Ministry of Justice and the Secretariat of Economic Monitoring of Ministry of Finance (SEAE / MF).
The assignments consist of Cade in the trial of mergers and acquisitions and implementation of prevention and repression of offenses against the economy, such as the formation of a cartel, for example.


Source: DPDC

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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