Consumer and Environment
Introduction and definitions
Consumer and Environment
Introduction and definitions
Introduction
It was in the
decade of 70 that the consumer defense had beginning as claim of the civil
society in Brazil, and by the PROCONs, consumers associations and Public
prosecution service entities that had the biggest practical knowledge of
the current problems of the consumers, had the contribution for the
elaboration of an ample text of law of consumers defense, as well as its
approval.
So, on March 11th, 1991
the Law nš 8,078/90, the Code of the Consumer, brought diverse changes in
enterprises, that had started to search the understandings of this new
legal instrument, in order to customize it, and thus to keep the
preservation of their picture in the market and to prevent administrative
or legal proceedings. The enterprises are start looking for the tripod
productivity/ quality/ respect to the consumer.
The consumers, in their
turn, started participating more of a scene of disputes for what society
produces and the ways to use it, being each time more conscientious of its
rights and obligations as consuming, as well as fighting for its
representation and features of defense.
Moreover, the consumers
submit each time more the productive process to a critical and mobilizing
performance, which is expressed mainly for the relative degree of
selectivity in the acquisition of goodies/ services, being translated in
the fight for the freedom of choice, and in the fast growth of the
consumers organization in almost all the countries of the world.
Definitions
Consumer:
natural or legal people who acquires or uses product or job as final
receiver;
Final Receiver: the
one that receives the product or the job to take care of to a personal
necessity or of his family;
Supplier: all physic
or legal people, public or private, national or foreign, as well as the
depersonalized beings, who develop activities of production, assembly,
creation, construction, hashing, importation, exportation, distribution or
commercialization of products or rendering of services;
Product: any good,
movable ou unmovable, material or unmaterial;
Job: any activity supplied in the
consumption market, by means of remuneration, also of banking, financial
nature, of credit and security, except for the ones of working relation
character;
Public Job: service
from the Public Power to the population, as carrier, water, sewer,
telephone, light, post offices etc. The utility lender also is supplying,
having therefore to have adequacy and effectiveness of jobs given by its
public character.
Trader: that one that practices commercial
transactions as professional;
Contract: agreement
between people. If there already is an elaborated contract and one of the
parts will just sign it, it will be called adhesion contract. It will have
to present letters in size of easy reading, simple language and prominence
in the clauses that limit the rights of the consumer.
Deceiving advertising: the
one that contains false or not veridical information on the product or job,
concerning about features, amount, price, property or when omitting
essential data.
Abusive advertising:
the one that generates discrimination, provokes violence, explores fear
and superstition, in general uses as advantage the consumer lack of
experience, disrespects environmental values, induces to a harmful health
and security behavior.
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Contente: Renata de Freitas Martins
