Deputies from the Parliamentary Front for Commerce and Services want to vote this year in the plenary session on the project that establishes limits for the infraction found to be not very serious.
The text, from 2021, is by former federal deputy Marco Bertaiolli, today.
According to the project, if a supplier is accused in more than one state or municipality for the same offense-generating event, the authority of the national or state consumer protection system must resolve the conflict of jurisdiction so that a single sanction can be applied.
If the infraction is considered very serious, the 12 sanctions provided for in the Consumer Protection Code — which include a fine, seizure of the product and revocation of the establishment’s or activity’s license — may be applied cumulatively, including as a precautionary measure.
However, if the infraction is not very serious, the project prohibits the inspector from fining establishments for an infraction on the first visit, which will serve to guide companies in relation to the adequacy of practices to the law in force.
The text also allows the application of a fine to be replaced by investments in infrastructure, services, projects or actions to restore the injured legal asset. Furthermore, it prohibits the amounts collected from fines from being allocated to compose the budgetary resources of the inspection body itself.
The proposal establishes new fine values, which will start from half the minimum wage (currently R$706) and go up to 10,000 minimum wages (R$14.12 million). It also gradates fines based on the economic condition of the autonomous unit inspected, even if it is part of an economic group.
In a note, the front states that the Consumer Protection Code represents an advance in the protection of consumer rights, but that this “cannot be a justification for the application of exorbitant fines, linked to the value of the commercial establishment’s total revenue and even the entire an economic group, under penalty of making the operation of services and the supply of products of fundamental relevance to the country unfeasible.”
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