Consumers punished for abusing the right to complain

In Brazilian law, the consumer is treated as a vulnerable party in consumer relations. In order to safeguard the rights

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In Brazilian law, the consumer is treated as a vulnerable party in consumer relations. Thus, in order to safeguard the rights of consumers, several rules of protection were created by the Code of Consumer Defense, by the courts themselves and, still by specialized doctrine. It happens that many consumers have just forgotten the limits of their actions by committing excesses when complaining about suppliers for available media, especially by Internet .

A Internet brought to consumers even nonexistent facilities, such as the broad, general and unrestricted access to search engines, information and complaints. However, these mechanisms have caused customers to feel "free" to expose his dissatisfactions in any way, often committing exaggerations.

September of this year (2015) onwards, several consumer news that exceeded at the time of making their complaints in Internet . And this occurred in the various portals available for both, among them, Facebook, reclaim here, and site from suppliers, among others.

In two recent cases, two distinct courts, of the Federal District and Paraíba [1], they understood that companies should receive indemnities for moral damages.

In such cases, in fact, the "bubbles" of dissatisfied clients were made excessively, abusing the right to complain. Therefore, they ended up denying the image of the company and their employees, without even explaining their problem, or even requesting a solution. Finally, it was evidenced that these consumers had the only objective of staining the image of the company, to the detriment of the greater end of the protection system that has made available to them, but to protect the consumer against possible abuses from suppliers.

Although these cases are still rare, they must indeed be curtail. The Internet enables the rapid and unrestricted disclosure of the opinions of those who use it and, precisely, it may be the best mechanism for immediate solution to the problems occurring in the consumption relationship. But this right has rather limitations and your abuse implies responsibility (repair).

source http://www.valor.com.br/legislacao

by Joice Bacelo - from Sao Paulo

Source: Economic value - legislation and taxes

http://brasilcon.org.br / News / Caution + for + N% C3% A3o + Extrapolar + NO + Right + De + Complain

[1] 20090110667444 (0091867-90.2009.8.07.0001) - 3rd class civil judgment 705353 Court of Justice of the Federal District and Territories

Civil Appellation 000678-81.2013.8.15.2001 - 1st Specialty Chamber Civil Court of Justice of Paraíba