Panel SA: Contarato proposes that lost time per consumer be financially compensated

Bill presented by senator Fabiano Contarato (PT-ES) determines that the time lost by the consumer in the relationship with companies be financially compensated. The proposal incorporates into Brazilian law a right that has already been recognized in court decisions.

“Based on the Theory of Productive Deviation, a thesis explored by the author Marcos Dessaune, the project considers time to be an essential legal asset for the development of existential activities of the consumer, ensuring the right to full compensation for pecuniary and non-pecuniary damages resulting from his injury” , says Contarato.

In 2018, the Theory was applied in jurisprudence of the Superior Court of Justice. In an action for a private company to remedy defects in products marketed by it within a maximum period of 30 days under penalty of replacing the product or proportional reduction in the price, the reporting minister pointed out that the supplier has the duty to actively participate in the repair process of the good, mediating the relationship between customer and manufacturer, reducing the consumer’s loss of time.

“The supplier of products or services must use all means and efforts to prevent and avoid damage to the consumer’s time. loss of indemnity for material or moral damage”, maintains Contarato.

The supplier’s conduct that implies undue loss of the consumer’s time is considered, by the proposal, to be abusive practices. The project also considers abusive the practice of sending, repeatedly or excessively, electronic messages, robocalls or personal telephone calls to the consumer without their prior and express consent, or after expressing their discomfort or refusal.

Julio Wiziack (interim) with Paulo Ricardo Martins and Diego Felix