Opinion – Maria Inês Dolci: Conciliation is the name of the game

It had been a long time since the consumer had good news. For the advancement of conciliation for consumer demands is, undeniably, excellent news. The accreditation of conciliators announced by Procon-SP points to a new era in agreements between those who buy and those who sell, which tends to reduce judicialization, accelerating solutions that respect the CDC (Consumer Defense Code).

We have to praise, therefore, the action of Procon-SP. Selecting conciliators is a very interesting measure, which will contribute to the defense of consumer rights.

The first big step in this direction, in fact, took place in the early 1980s, when the Small Claims Courts were created, renamed Special Civil Courts, with claims amounts limited to 40 minimum wages (currently, R$44,000). .

The Super-Indebtedness Law (sanctioned in July last year), in turn, created the possibility of a conciliation hearing between creditors and debtor, determined by the judge. If all creditors agree with the established conditions, the payment plan will be approved. In addition, the judge will issue a court order to the cadastral information bodies, suspending the negative of the consumer in question.

Also in 2021, the Federal Justice Council approved statement 103, which deals with online arbitration in consumer practices.

It is evident that the conciliation institute has gained supporters and advanced. Therefore, Bill 1149/2021, which creates the Conciliar (Program of Conciliation and Mediation Chambers), must be made law, to help resolve disputes in consumer relations.

After all, lawsuits can receive countless appeals, lasting forever, which obviously favors the stronger side, which is never the consumer.

But beware, negotiated solutions are also very good for suppliers. Avoiding litigation is good for everyone. The last thing a company needs is litigation, even in good faith.

Even because, many times, there are different views on a given demand, not opposites, but that cause friction in consumer relations. An independent conciliator can see a good way out for both parties, ending the dispute. In an economy that is going from bad to worse, purposeful pacification is preferable to any friction, as it turns the wheels of business.