Post by account_disabled on Mar 12, 2024 23:53:41 GMT -5
The Brazilian Association of the Electrical and Electronic Industry (Abinee) asks the Federal Supreme Court (STF) to grant an injunction to suspend the effects of provisions of state law 4,878/2020 of Rondônia that determine the immediate exchange or return of the amount paid for products considered essential that are defective within the warranty period. The law is the object of Direct Action of Unconstitutionality (ADI) 6,665, distributed to minister Marco Aurélio.
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Among the B2B Lead products considered essential by law are so-called "white goods" appliances (stoves, refrigerators and washing machines), computers, cell phones and medical treatment equipment. In case of non-compliance, a fine of up to 41 UPFs is foreseen, which corresponds to R$3,794 for each violation. According to manufacturers, the rule, which came into force on January 26, is causing irreparable damage to the sector.
Abinee claims that the deadline established by the Consumer Protection Code for exchange or return is 30 days. It also argues that the Legislative Assembly of Rondônia exceeded its concurrent legislative competence to legislate on production and consumption and on liability for damage, matters regulated by federal law (the CDC). Still according to the association, the rule violates the right to free enterprise and the principles of proportionality and equality. With information from the STF advisory.