Government issues decree that alters the organization of the Consumer Defense System

Presidential decree, published in this Wednesday, 8th edition, of the Federal Official Gazette, changes the organization of the National Consumer Defense System.

The objective, according to the General Secretariat of the Presidency, is to improve the regulation of the System, to guarantee greater protection to consumer relations, increase legal certainty and make the administrative process more efficient.

The Decree provides for the possibility of stipulating obligations to do or of a compensatory nature when a Conduct Adjustment Term (TAC) is signed by public administration entities and bodies.

The standard is now considered an infringement practice to place any product or service on the consumer market: in disagreement with the standards issued by the competent official bodies or, if specific standards do not exist, by the Brazilian Association of Technical Standards (ABNT) or other entity accredited by the Council National Metrology, Standardization and Industrial Quality (Conmetro), subject to the provisions of item VI of the caput of art. 3 of Law No. 13.874, of September 20, 2019; and that poses risks to the health or safety of consumers and without overt and adequate information, including in the case of an offer or purchase of a product or service through an application provider.

The measure aims to favor the standardization of understandings regarding a given subject, within the scope of the National Consumer Defense System, thus avoiding conflicting decisions.

“The objective is also to promote improvements in the system of imposition and grading of the penalty and, thus, parameterize the dosimetry in what concerns the violations of consumer relations”, says the General Secretariat in a note.