From its performance, Carpena Advogados obtained for one of its clients, a recognized businesswoman who operates in the management and commercialization of consortia quotas, a limit that suspended the effects of decisions made in the course of administrative process whose The procedure occurred before the Procon of the municipality of Xanxerê, SC. ​​

The administrative procedure was established from the complaint held by a certain consumer before the procon. When notified, the consortia administrator presented his defense and brought evidence contrary to consumer allegations, which were not appreciated by Procon, and he considered that the posture of the business company infringed some provisions of the Code of Consumer Defense, imposing A fine of approximately R $ 79,000.00 (equivalent to 75,000 UFIR's) and determining the inclusion of the name of that in the Maus registration suppliers of the municipality of Xanxerê.

Referred decision was maintained by Condecon, an organ which is the last instance for administrative processes involving consumer complaints of the municipality of Xanxerê.

In view of this scenario, which was imputed to the consortia administrator to comply with the PROCON decision within thirty days, under penalty of active debt registration, the judgment of declaratory declaratory action of an administrative act against the municipality of Xanxerê, with a request to suspend the effects of prolific decisions in the administrative sphere to the final judgment of the process.

In the case in question, given that the decisions made in the administrative proceedings have not even mentioned any mention of the issues in fact and the evidence brought in defense and ratified in a recharging degree by the consortia administrator, as well as because they did not respect the criteria for Application of the fine imposed, there was a breach of the principle of the motivation of administrative acts, which has led to the consequent violation of the constitutional guarantees of the due legal process, the contradictory and the broad defense that all litigators of legal and administrative processes are assured. / p>

When analyzing these elements, the judgment of the 2nd Civil Stick of the Xanxerê's Court's not suspension of the effects of the decisions made in the administrative procedure, will involve the consortia administrator a series of economic and commercial difficulties with their marketing market.