The experience of the state of Minas Gerais in the enforcement of consumer rights through a consistent penalty policy

Authors

  • Wander Henrique de Almeida Costa PUC/MG
  • Neiva de Fátima Araújo Basílio PUC/MG

DOI:

https://doi.org/10.5433/1980-511X.2012v7n1p69

Keywords:

Constituição, Direito Administrativo, Defesa do Consumidor.

Abstract

This article is designed to demonstrate that the administrative penalties applied by bodies inserted into consumer protection programs in Minas Gerais who oversee and enforce the Consumer Protection Code devices do not always have their respected administrative decisions, it is necessary that society, aware of their rights, be mobilized in order to seek solutions through democratic means to transform fundamental and social principles enshrined in the highest law in living law, historical and pragmatic.

Is demonstrated through practice in consumeristas relations as holders of economic power - suppliers of goods and services, in some cases, have resisted to accept the intervention of consumer protection agencies, taking complaints and administrative solutions proposed to the Courts and through real legal battles delay and discourage compliance with consumeristas rights, thereby demonstrating, through breach of consumeristas standards, disrespect the fundamental and social principles important as the dignity and contractual justice.

In this respect, there was in principle the existence of effective justice consumerist since it must draw its moral authority of public reasons

With fulcrum in the justice paradigm is expected to society through their representatives produce more coercive devices so away, for fear of greater evil the pendengas unimportant of the judiciary, which to some extent reduces the effectiveness of consumer protection laws , perpetuating in time the unfair practice in consumeristas relations arising from the abuse of economic power.

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Author Biographies

Wander Henrique de Almeida Costa, PUC/MG

Researcher at the Brazilian Foundation of Economic Law , Master in Public Law from PUC / MG

Neiva de Fátima Araújo Basílio, PUC/MG

Graduated in Law School at PUC/MG

Published

2012-05-09

How to Cite

Costa, W. H. de A., & Basílio, N. de F. A. (2012). The experience of the state of Minas Gerais in the enforcement of consumer rights through a consistent penalty policy. Revista Do Direito Público, 7(1), 69–94. https://doi.org/10.5433/1980-511X.2012v7n1p69

Issue

Section

Artigos