Post by messi05 on Jan 23, 2024 22:58:40 GMT -5
Suppliers of products and services available on a mass basis on the market, often suffer from the imposition of fines when a violation of consumer rights is found. There is hardly any illegality committed to the detriment of just one consumer that does not reveal a collective dimension. Hence the fine imposed by Procon-SP, reaffirms the Court of Justice of São Paulo when recognizing its validity, “is intended to discourage the repeated practice of infractions and violations of consumers, it cannot, therefore, have symbolic value, under penalty for not having the desired effect” (8th Chamber of Public Law, Appeal.
The fine, therefore, must be set at “an amount Buy Phone Number List that is related to the economic strength of the offender, serving as a disincentive for reiterating the conduct” (9th Chamber of Public Law, Appeal Also on the subject, the Superior Court of Justice has already stated, on more than one occasion, that “it has legitimacy, due to its police power (administrative ordering activity) to impose fines related to the transgression.
Minister Humberto Martins, 2nd Panel Under the terms of Normative Ordinance Procon 45/2015, the economic condition of the supplier is measured by measuring its gross revenue, determined, preferably, based on the three months prior to the date on which the infraction notice was drawn up, and can be estimated. If offenders refuse to prove their real revenue, with official documents (article 32 – Ordinance 45/15), Procon-SP estimates gross revenue using information published in specialized magazines, balance sheets published in newspapers. national and specialized media, social contracts, CVM, Sefaz tables.
The fine, therefore, must be set at “an amount Buy Phone Number List that is related to the economic strength of the offender, serving as a disincentive for reiterating the conduct” (9th Chamber of Public Law, Appeal Also on the subject, the Superior Court of Justice has already stated, on more than one occasion, that “it has legitimacy, due to its police power (administrative ordering activity) to impose fines related to the transgression.
Minister Humberto Martins, 2nd Panel Under the terms of Normative Ordinance Procon 45/2015, the economic condition of the supplier is measured by measuring its gross revenue, determined, preferably, based on the three months prior to the date on which the infraction notice was drawn up, and can be estimated. If offenders refuse to prove their real revenue, with official documents (article 32 – Ordinance 45/15), Procon-SP estimates gross revenue using information published in specialized magazines, balance sheets published in newspapers. national and specialized media, social contracts, CVM, Sefaz tables.