Aprendizado
BRIEF HISTORY OF CONSUMER PROTECTION IN BRAZIL
It can be said that since the days of the empire, there was a slight concern of the Government to protect consumers, as had a trade incipient because it was a colony of Portugal. With the arrival of the Imperial Family to Brazil improved, but as the economy is still much restricted and a bourgeoisie with few people able to consume large amplitude had not improved. During the period of colonization in Brazil, if obeyed when it was put by the Ordinances of the Kingdom of Portugal.
According to documents from the time saved in the history file Salvador concern was the colonial authorities of the seventeenth century the punishment of offenders standards of consumer protection. Among the measures to punish those who sell wine above the established price would be "stuck in envoxia (the worst cell of the city) and it led to be whipped through the streets, it will be awkward to sell this captaincy and banished forever"
According Laurentino Gomes in his book 1822, New Frontier, 2010 p.114-115, the emperor D. Pedro I, "as he hated to delegate powers to ministers and assistants, did almost everything himself: inspecting the ships in the harbor, visiting the forts, ran public offices to check if employees worked right, going to the theater to see the preparations for the shows, supervised the stables of the palace and imiscuía on minor issues considering the importance of the position he occupied "And, more specifically, in terms of consumption: "on one occasion, came as a surprise to the shopping center of Rio de Janeiro after receiving a complaint that traders fraudavam measures to cheat customers in the sale of textiles and other goods. Armed with standard measurement Empire, was from store to store metrics measuring rulers and taking note of the offenders, who would later punished. "
A curiosity in this period is that the Ordinances of the United hyposufficient treated as the lowest, women and discreetly consumers.
The consumer movement is a recent phenomenon in Brazilian society. There are few reports of organized actions or claims set towards issues related to consumer problems such as damaged product, off the expiration date; combined services that were not made among others. Initiatives in the area were generally linked to popularesrelacionados prices (famine), such as the march of hunger in 1931 movements; the march of the empty pan in 1953; protest against the high cost of living in 1963; the movement of housewives, home to high meat prices in 1979 occurred when including a boycott of the product (Zülzke, 1997: 141-142).
The existence of a more organized consumer movement in Brazil is accentuated from the 1970s, mainly driven by growing urbanization and the end of the previous decade called "Brazilian economic miracle" and earlier this decade, when GDP grew with annual rates of around 10%. The increasing industrialization and technological development attracted to the cities a greater number of the population, which had better conditions of employment and income, reinforcing the existence of a mass society and consumer.
This pace of society appears to be reflected towards consumers. In 1971 Congressman Nina Ribeiro (affiliated to the Arena and originating in Guanabara, Rio de Janeiro after) introduced a bill for the creation of a Council for Consumer Protection (PL-70/1971), which was not approved. In 1976 the same deputy presented the PL-2206/1976, establishing consumer protection regulations, also without success. Record the creation of the first civil organizations: in 1974 arises in Rio de Janeiro, the Board of Consumer Protection (CONDECON) and appear in 1976 the Association of Defense and Consumer Guidance (ADOC) in Curitiba and the Association for Consumer Protection (APC) in Porto Alegre (Rivers, 1998). Of these, only the ADOC remains in effect today.
In 1976 two remarkable facts happen on consumer protection in Brazil. The first was the creation of the state of São Paulo State System of Consumer Protection conducted by Governor Paul Egydio Martins (Decree N ° 7890, then consolidated with the approval of the State Law N ° 1930 of 20/12/1978).
The realization of the tasks proposed in the decree and later the law, were in charge of Procon (Group Executive of Consumer Protection). Due to its performance and the absence of mechanisms for resolving consumer problems, Procon São Paulo became extremely known by the population and legitimized in the public eye. The Procon also influenced the creation of similar organizations in other states and municipalities.
The creation of bodies such as Procon state was fundamental to the development of consumer protection. With Procon (and other state agencies) the subject of the consumer has had a visible shaft to the public, created a clear reference to the society where she could be heard, which could manifest. For an idea, in 1977 the agency recorded 1,270 complaints and 272 inquiries. In 1982, the first election for governors after the establishment of the military regime were registered 6,114 complaints and 9,893 inquiries (Taschner, 1995: 39). Civil society manifested itself, albeit haphazardly.
The second important factor was the establishment of a Parliamentary Inquiry Commission (CPI) in the House of Representatives to address problems relating to product quality, fraud and other consumer problems. In addition to bringing the consumer theme in evidence at the national level, the CPI brought recommendations as the creation of a national institute of consumer protection, the creation of standing committees of the subject in the House of Representatives and the proposition of the creation of consumer justice (Rivers 1998: 49-50).
In 1978 appeared in São Paulo Association of Consumer Protection (ADECON), the first civil organization of the state, and are instituted the Code of Advertising Self-Regulation and the National Council for Self-Regulation (CONAR). Were launched in the 1970s the roots of consumerism in Brazil, but it was in the 1980s that advances have become practical reality for the consumer. The same happened to democratic recovery.
In the 1980s another aspect was important for the Brazilian society: economic plans to combat high inflation. Because of this problem, the four civilian presidents in the 80's and 90 seized seven economic plans or packages of measures.
In February 1986, shortly before completing one year in office, President Jose Sarney launched the Cruzado Plan, which cut three zeros from the currency, tabled prices and instituted a wage trigger fires when inflation reached 20%. However, just missing meat in butcher shops and goodwill he settled in prices, the government struggled to keep under control using his ability to control and punishment. There was strong public support for the plan with the so-called "tax the Sarney," people who denounced outlets that mocked the rules imposed.
After the 1986 election, in November, was launched Cruzado II Plan, freeing prices of products, services, rents and changing calculating inflation.
Inflation soared, there was a great decline in exports and substantial increase of imports, depleting foreign exchange reserves. On January 20, 1987, was enacted moratorium on foreign debt. Both plans were led by the Minister Dílson Funaro.
]
Luis Carlos Bresser Pereira took over the ministry of Finance in April 1987 and launched measures that were known as the Bresser Plan. In June was decreed the price freeze, rents and salaries for two months. To stop the public deficit subsidies and deferred major projects already planned were eliminated. Be resumed negotiations with the IMF, suspending the moratorium. However, not yielded satisfactory results. In January 1988 the Minister Bresser out and in its place came Maílson da Nobrega.
In January 1989, Maílson da Nobrega unveiled a new economic plan, known as Plan Summer: created the New Cross; imposed another price freeze; ended the restatement; proposed the privatization of state and announced cuts in public spending. The cuts were not made, the plan failed and inflation soared.
In 1989 are held the first direct elections for president, with victory of Fernando Collor de Mello who takes office in March 1990 Collor began a process of opening the Brazilian market and privatization of state enterprises with the creation of National Privatization Program (Law 8031 of 12/04/1990). Also launched a failed economic plan to control the Brazilian high inflation (at the time around 80% per month), known as Plan Collor, who froze prices and withheld money from investments, mainly of savings accounts, as well as measures tax to reduce the public deficit. In January 1991 new economic measures are enacted called the Collor Plan II, which requires measures to control the financial maelstrom, adopts a policy of high interest rates and the economy tries Disengaging with new freeze on wages and prices and reduces import tariffs, without obtaining success in controlling inflation after the initial impact of the measures. Collor in 1990 sanctioned the Consumer Defense Code (Law No. 8078 of 11/09/1990).
Was in the process of drafting the Code of Consumer Protection that debates and actors gained relevance. Joshua Rivers (1998: 59-62) and Maria Lucia Zülzke (1997: chapter 10) reported that there was polarization between different actors in relation to the Code, including within itself the National Council of Consumer Affairs, composed of representatives of various origins, which included lawyers, government officials, businessmen, trade unions and civil society organizations.
Thus, people were linked to more progressive parties of the era or the more progressive parts of the existing parties that have embraced the issue of consumer (mainly PSDB, PMDB and PT). We can also say that the making of the Consumer Protection Code was the result of a combination between leaders of lawyers, politicians and related consumer protection organizations. In the latter case the actors were mostly government organizations (such as Procon and prosecutors), supported by civil society organizations (such as Idec and movements of housewives). Without the presence of the leadership process might not have arrived at a positive conclusion for Brazilian consumers.
The mandate of Fernando Collor was terminated by the approval of his impeachment in the House of Representatives on August 28, 1992, amid allegations of corruption. The presidency was assumed by the vice-president, Itamar Franco. In August 1993, finally came the Real Plan, coordinated by the Minister of Finance, Fernando Henrique Cardoso. The old currency (Cruzeiro Real) took place in July 1994 to Real, who finally controlled inflation, comparing the Brazilian currency to the dollar among other measures.
From 1985 until 1994 the Brazilian currency has changed name several times from Cruise to Cruzado, Cruzado Novo, Cruise again, Cruzeiro Real and ultimately Real. The success of the Real Plan gave the presidency to the then Minister of Finance Fernando Henrique Cardoso in the presidential elections of 1994 after approval of a constitutional amendment allowing the reelection of occupying executive positions (presidents, governors and mayors) Cardoso became president in 1998. in their terms, but especially in the first measures which strongly altered the Brazilian State and affected consumers were taken. The main one was the privatization of state enterprises and whole sectors controlled by the government, with the creation of regulatory agencies in the areas of infrastructure and social.
Consumers in Brazil, recently had preserved in some Rights Law as seen in the rapid historical explanation, which are not always met and the Government itself had no interest in fully applying it. Well actually hurts interests of corporatist institutions that govern this country. When we speak of individual rights, we are explaining about a complex subject, because in a certain way is individually interpreted, there elide collision with the real. Since each citizen plays the law and applying the law, as understood, generating unnecessary and costly actions that lead nowhere. If we relate the individuality of the law and its objectivity, the process of consumption, we can say that even with all existing laws and legal instruments, eventually lead the consumer to a complex node which slows down and takes up our Right to consumer to defend our interests violated by greedy merchant who take advantage of flaws Law and its margin, do whatever, and sell what they want and how they want, imposing limits on illegal sales, making joint sales, and creating activities whose relationship is banned in at least one or more Consumer Law articles, all in the name of easy profits and solid sales, where what prevails above a social and public good individuality, who sells, of course always after profit.
José Luiz, Lecturer, Educator, Specialist in School Administration and Supervision, Educational Psychology Specialist, Specialist in Public Law, Specialist in Business Education (2014) and PhD in Education from the Catholic University of Santa Fe (Argentina)
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Aprendizado
BRIEF HISTORY OF CONSUMER PROTECTION IN BRAZIL
BRIEF HISTORY OF CONSUMER PROTECTION IN BRAZIL
It can be said that since the days of the empire, there was a slight concern of the Government to protect consumers, as had a trade incipient because it was a colony of Portugal. With the arrival of the Imperial Family to Brazil improved, but as the economy is still much restricted and a bourgeoisie with few people able to consume large amplitude had not improved. During the period of colonization in Brazil, if obeyed when it was put by the Ordinances of the Kingdom of Portugal.
According to documents from the time saved in the history file Salvador concern was the colonial authorities of the seventeenth century the punishment of offenders standards of consumer protection. Among the measures to punish those who sell wine above the established price would be "stuck in envoxia (the worst cell of the city) and it led to be whipped through the streets, it will be awkward to sell this captaincy and banished forever"
According Laurentino Gomes in his book 1822, New Frontier, 2010 p.114-115, the emperor D. Pedro I, "as he hated to delegate powers to ministers and assistants, did almost everything himself: inspecting the ships in the harbor, visiting the forts, ran public offices to check if employees worked right, going to the theater to see the preparations for the shows, supervised the stables of the palace and imiscuía on minor issues considering the importance of the position he occupied "And, more specifically, in terms of consumption: "on one occasion, came as a surprise to the shopping center of Rio de Janeiro after receiving a complaint that traders fraudavam measures to cheat customers in the sale of textiles and other goods. Armed with standard measurement Empire, was from store to store metrics measuring rulers and taking note of the offenders, who would later punished. "
A curiosity in this period is that the Ordinances of the United hyposufficient treated as the lowest, women and discreetly consumers.
The consumer movement is a recent phenomenon in Brazilian society. There are few reports of organized actions or claims set towards issues related to consumer problems such as damaged product, off the expiration date; combined services that were not made among others. Initiatives in the area were generally linked to popularesrelacionados prices (famine), such as the march of hunger in 1931 movements; the march of the empty pan in 1953; protest against the high cost of living in 1963; the movement of housewives, home to high meat prices in 1979 occurred when including a boycott of the product (Zülzke, 1997: 141-142).
The existence of a more organized consumer movement in Brazil is accentuated from the 1970s, mainly driven by growing urbanization and the end of the previous decade called "Brazilian economic miracle" and earlier this decade, when GDP grew with annual rates of around 10%. The increasing industrialization and technological development attracted to the cities a greater number of the population, which had better conditions of employment and income, reinforcing the existence of a mass society and consumer.
This pace of society appears to be reflected towards consumers. In 1971 Congressman Nina Ribeiro (affiliated to the Arena and originating in Guanabara, Rio de Janeiro after) introduced a bill for the creation of a Council for Consumer Protection (PL-70/1971), which was not approved. In 1976 the same deputy presented the PL-2206/1976, establishing consumer protection regulations, also without success. Record the creation of the first civil organizations: in 1974 arises in Rio de Janeiro, the Board of Consumer Protection (CONDECON) and appear in 1976 the Association of Defense and Consumer Guidance (ADOC) in Curitiba and the Association for Consumer Protection (APC) in Porto Alegre (Rivers, 1998). Of these, only the ADOC remains in effect today.
In 1976 two remarkable facts happen on consumer protection in Brazil. The first was the creation of the state of São Paulo State System of Consumer Protection conducted by Governor Paul Egydio Martins (Decree N ° 7890, then consolidated with the approval of the State Law N ° 1930 of 20/12/1978).
The realization of the tasks proposed in the decree and later the law, were in charge of Procon (Group Executive of Consumer Protection). Due to its performance and the absence of mechanisms for resolving consumer problems, Procon São Paulo became extremely known by the population and legitimized in the public eye. The Procon also influenced the creation of similar organizations in other states and municipalities.
The creation of bodies such as Procon state was fundamental to the development of consumer protection. With Procon (and other state agencies) the subject of the consumer has had a visible shaft to the public, created a clear reference to the society where she could be heard, which could manifest. For an idea, in 1977 the agency recorded 1,270 complaints and 272 inquiries. In 1982, the first election for governors after the establishment of the military regime were registered 6,114 complaints and 9,893 inquiries (Taschner, 1995: 39). Civil society manifested itself, albeit haphazardly.
The second important factor was the establishment of a Parliamentary Inquiry Commission (CPI) in the House of Representatives to address problems relating to product quality, fraud and other consumer problems. In addition to bringing the consumer theme in evidence at the national level, the CPI brought recommendations as the creation of a national institute of consumer protection, the creation of standing committees of the subject in the House of Representatives and the proposition of the creation of consumer justice (Rivers 1998: 49-50).
In 1978 appeared in São Paulo Association of Consumer Protection (ADECON), the first civil organization of the state, and are instituted the Code of Advertising Self-Regulation and the National Council for Self-Regulation (CONAR). Were launched in the 1970s the roots of consumerism in Brazil, but it was in the 1980s that advances have become practical reality for the consumer. The same happened to democratic recovery.
In the 1980s another aspect was important for the Brazilian society: economic plans to combat high inflation. Because of this problem, the four civilian presidents in the 80's and 90 seized seven economic plans or packages of measures.
In February 1986, shortly before completing one year in office, President Jose Sarney launched the Cruzado Plan, which cut three zeros from the currency, tabled prices and instituted a wage trigger fires when inflation reached 20%. However, just missing meat in butcher shops and goodwill he settled in prices, the government struggled to keep under control using his ability to control and punishment. There was strong public support for the plan with the so-called "tax the Sarney," people who denounced outlets that mocked the rules imposed.
After the 1986 election, in November, was launched Cruzado II Plan, freeing prices of products, services, rents and changing calculating inflation.
Inflation soared, there was a great decline in exports and substantial increase of imports, depleting foreign exchange reserves. On January 20, 1987, was enacted moratorium on foreign debt. Both plans were led by the Minister Dílson Funaro.
]
Luis Carlos Bresser Pereira took over the ministry of Finance in April 1987 and launched measures that were known as the Bresser Plan. In June was decreed the price freeze, rents and salaries for two months. To stop the public deficit subsidies and deferred major projects already planned were eliminated. Be resumed negotiations with the IMF, suspending the moratorium. However, not yielded satisfactory results. In January 1988 the Minister Bresser out and in its place came Maílson da Nobrega.
In January 1989, Maílson da Nobrega unveiled a new economic plan, known as Plan Summer: created the New Cross; imposed another price freeze; ended the restatement; proposed the privatization of state and announced cuts in public spending. The cuts were not made, the plan failed and inflation soared.
In 1989 are held the first direct elections for president, with victory of Fernando Collor de Mello who takes office in March 1990 Collor began a process of opening the Brazilian market and privatization of state enterprises with the creation of National Privatization Program (Law 8031 of 12/04/1990). Also launched a failed economic plan to control the Brazilian high inflation (at the time around 80% per month), known as Plan Collor, who froze prices and withheld money from investments, mainly of savings accounts, as well as measures tax to reduce the public deficit. In January 1991 new economic measures are enacted called the Collor Plan II, which requires measures to control the financial maelstrom, adopts a policy of high interest rates and the economy tries Disengaging with new freeze on wages and prices and reduces import tariffs, without obtaining success in controlling inflation after the initial impact of the measures. Collor in 1990 sanctioned the Consumer Defense Code (Law No. 8078 of 11/09/1990).
Was in the process of drafting the Code of Consumer Protection that debates and actors gained relevance. Joshua Rivers (1998: 59-62) and Maria Lucia Zülzke (1997: chapter 10) reported that there was polarization between different actors in relation to the Code, including within itself the National Council of Consumer Affairs, composed of representatives of various origins, which included lawyers, government officials, businessmen, trade unions and civil society organizations.
Thus, people were linked to more progressive parties of the era or the more progressive parts of the existing parties that have embraced the issue of consumer (mainly PSDB, PMDB and PT). We can also say that the making of the Consumer Protection Code was the result of a combination between leaders of lawyers, politicians and related consumer protection organizations. In the latter case the actors were mostly government organizations (such as Procon and prosecutors), supported by civil society organizations (such as Idec and movements of housewives). Without the presence of the leadership process might not have arrived at a positive conclusion for Brazilian consumers.
The mandate of Fernando Collor was terminated by the approval of his impeachment in the House of Representatives on August 28, 1992, amid allegations of corruption. The presidency was assumed by the vice-president, Itamar Franco. In August 1993, finally came the Real Plan, coordinated by the Minister of Finance, Fernando Henrique Cardoso. The old currency (Cruzeiro Real) took place in July 1994 to Real, who finally controlled inflation, comparing the Brazilian currency to the dollar among other measures.
From 1985 until 1994 the Brazilian currency has changed name several times from Cruise to Cruzado, Cruzado Novo, Cruise again, Cruzeiro Real and ultimately Real. The success of the Real Plan gave the presidency to the then Minister of Finance Fernando Henrique Cardoso in the presidential elections of 1994 after approval of a constitutional amendment allowing the reelection of occupying executive positions (presidents, governors and mayors) Cardoso became president in 1998. in their terms, but especially in the first measures which strongly altered the Brazilian State and affected consumers were taken. The main one was the privatization of state enterprises and whole sectors controlled by the government, with the creation of regulatory agencies in the areas of infrastructure and social.
Consumers in Brazil, recently had preserved in some Rights Law as seen in the rapid historical explanation, which are not always met and the Government itself had no interest in fully applying it. Well actually hurts interests of corporatist institutions that govern this country. When we speak of individual rights, we are explaining about a complex subject, because in a certain way is individually interpreted, there elide collision with the real. Since each citizen plays the law and applying the law, as understood, generating unnecessary and costly actions that lead nowhere. If we relate the individuality of the law and its objectivity, the process of consumption, we can say that even with all existing laws and legal instruments, eventually lead the consumer to a complex node which slows down and takes up our Right to consumer to defend our interests violated by greedy merchant who take advantage of flaws Law and its margin, do whatever, and sell what they want and how they want, imposing limits on illegal sales, making joint sales, and creating activities whose relationship is banned in at least one or more Consumer Law articles, all in the name of easy profits and solid sales, where what prevails above a social and public good individuality, who sells, of course always after profit.
José Luiz, Lecturer, Educator, Specialist in School Administration and Supervision, Educational Psychology Specialist, Specialist in Public Law, Specialist in Business Education (2014) and PhD in Education from the Catholic University of Santa Fe (Argentina)
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- The Importance Of Using The Provision Of Jurisdictional Guardianship For The Defense Of Consumer
The importance of using the Provision of Jurisdictional guardianship for the Defense of consumer By José Luiz It may be the case of a purchase of specific goods, and at the time of purchase is built into the price the value of a product not required....
- The Importance Of Good Faith In Consumerist Relationship .
The Importance of Good Faith in consumerist relationship . Consumer relations should be guided by transparency in the forms of payment of goods or services . If paid in installments , they should strive...
- The Importance Of The Use By Courts For Consumer Protection
The importance of the use by courts for Consumer Protection It may be the case of a purchase of a particular commodity, and at the time of purchase is built into the price the value of unsolicited products. Shopping can be done in a mall, in a store known,...
- Beware When Buying Something: Consumer
Beware when buying something: Consumer joseluizts2013 April 25th, 2013 8 Not Just kidding! When you buy something, do a search before price, be suspicious when the product is very good and the price is low. Look ascertain whether...
- Consumer Protection
Consumer protection joseluizts2013 April 1st, 2013 13 The consumerist relationship is often hampered by the greed of businessmen who think only increase the profit margin without offering the necessary quality customer satisfaction on both products as...