A unificação do processo administrativo das relações de consumo

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Zuliani, Evandro
Smanio, Gianpaolo Poggio
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Siqueira Neto, José Francisco
Sodré, Marcelo Gomes
Direito Político e Econômico
The object of this work is to define the first academic lines about the necessity to unify the administrative process that evaluates infractions of the consumerism rules. This theme meets a well-known need of the current organizations for consumer protection nationwide and their agents-national militants in administrative consumer protection. Keeping focus on the accomplishment of the petrified fundamental commandment in consumer protection promotion, we have tried to give more effectiveness to the use of the material law in consumerism. Unifying procedures and strengthening the Agencies of the National System for the Consumer Protection means, first of all, to expose the social aspect of this governmental work on consumer protection, since most of the citizens who appeals to these public institutions come from the poor. Our basic premise about this theme is the absence of a national unification of the administrative processes and its implications. We will briefly examine the material face of the administrative consumerism penalties, such as the fine and its dosage (the most common penalty), as well as the other eleven penalties. At this point, we could not forget the importance of the presence of juridical assistance in public consumer protection agencies. The administrative solution to conflicts is an essential topic to come to a conclusion. We will talk about the need to unify the administrative process and we will present the competences of the public agencies in the National System for the Consumer Protection; we will try to relate the process unification to the conception of a system and its strengthening; we will make an effort to cut the Gordian knot of the matter, which is the unification of the administrative process with no harm for the legal autonomy of each federative entity in this matter. Our conclusion is a proposal of regulation, and its main points will be explained in full details. We will discuss the need of the appropriate process, the distinction between claims and penalties; furthermore, we will initiate the debate about a national record of well-grounded claims, a topic that nowadays indispensably includes the Information System for the Consumer (SINDEC); a tool conceived to achieve this aim. The administrative extinguishment involving conflicts or infractions is another theme we decided to approach, due to its practical relevance. Another huge obstacle we will face (without making pretensions to presenting a final solution) is the hard discussion about competence conflicts among administrative institutions. We have no doubt that the theme demands the attention of all the agents involved with the application of penalties. As a way to solve administrative conflicts, we dare propose a parallel method to the present one, which is, in this case, the arbitration. At this point, our inquietude will try to answer questions about the possibility of applying this extra judicial method to the administrative institutions for the consumer protection. We will demonstrate the possibility of applying alternative means of solving consumer s conflicts, making sure that the consumers will get administrative and technical protection, besides having their rights easily defended, always focusing on the search for a better market. At the end, based on discussions that occurred during the development of this work, we will propose a regulation project to the administrative process in consuming relations. As we recognize the lack (and the need) of rules and regulations to structure a National System for the Consumer Protection, we invite all of you to inquietude, since this is the key to achieve changes. So, looking ahead to the future and based on our reality, we intend to pave the way for the examination of this vast legislation.
defesa do consumidor , arbitragem , direito administrativo , processo administrativo de consumo , consumer protection , administractive law , administrative process of comsume
ZULIANI, Evandro. defesa do consumidor; arbitragem; direito administrativo; processo administrativo de consumo. 2006. 201 f. Dissertação (Mestrado em Direito) - Universidade Presbiteriana Mackenzie, São Paulo, 2006.