There was a time when attempts to change the Consumer Protection Code (CDC) aimed to improve it. This is what happened in 2012, when a commission of jurists proposed its update with the inclusion of topics such as electronic commerce, family indebtedness, credit offer and procedural rites. Now, a bill that is being discussed in the Chamber of Deputies intends to limit the fines applicable to consumers for infractions.
The main changes are in article 55, to prevent a company from being punished twice for the same infractions, if committed in more than one state or municipality, and in article 56, so that sanctions such as fines and product seizures are no longer cumulative. , except the very serious ones.
Let’s compare a little. If a driver is fined for driving faster than the speed limit in three states, he will receive three fines, and his driver’s license score will be increased by three. Whoever commits three thefts will have to bear the penalties imposed on each one.
Why would a supplier that used to miss deadlines in several cities only be liable for one infraction? Even because the practice of injury to consumer rights, committed numerous times, may even configure bad faith and willful misconduct.
The CDC is not overly strict. In fact, it tries to balance consumer relations. The consumer is far from the strongest part of this economic relationship. And when the demands involve powerful corporations, a citizen has a great adversary in front of him, with a lot of financial capacity and legal infrastructure.
Although it is one of the best consumer legislation in the world – something to celebrate, always –, the CDC alone does not completely prohibit disrespect for people who purchase products and services. There is still a long way to go for these relationships to be more harmonious.
By easing fines, seizures and other penalties, we are certainly not empowering consumers. On the contrary, the risk will be to increase impunity. And without punishment, we should fear that harmful practices will multiply.
We cannot admit that there is a setback in this area, as has occurred in environmental protection, the rights of indigenous peoples, health, education, culture and science and technology, among other aspects of Brazilian life.
I have over 8 years of experience in the news industry. I have worked for various news websites and have also written for a few news agencies. I mostly cover healthcare news, but I am also interested in other topics such as politics, business, and entertainment. In my free time, I enjoy writing fiction and spending time with my family and friends.
