Administrative supervision in consumer relations: the relevance of Draft Law 5,916/2013 for the protection of vulnerables and the effectiveness of CDC

Abstract

This article deals with the importance of Administrative Tutorship in Consumer Relations and the relevance of the approval of the Draft Law n. 5,916/2013 for its strengthening in order to protect the most vulnerable. The central hypothesis of the research undertaken is to verify if a more profitable action of the public agencies, instituted for the treatment of the interests and rights of the recipients of goods, would generate more effectiveness for the micro system reincorporated by Federal Law no. 8.078/90, contributing purposely to soften the overload of the judicial apparatus. The first part of this production is intended to address the principle of state intervention and the performance of public power in the marketing sector and in the organizational, political, regulatory, supervisory and sanctioning factors, transposing the approach to the current structure of the National System of Consumer Protection (SNDC). Next, the current configuration of the administrative sanctions in the CDC and the innovations covered by the Bill are discussed, as regards the increase in the number of penalties that may be incurred in the face of the conflicts presented by the interested parties before the aforementioned public agencies. For the accomplishment of this work, the hermeneutic, dialectical and argumentative methods were chosen, the critical-methodological side and the lines of juridical-projective and legal-prospective research. Exploratory, bibliographical and documentary research was carried out, adopting the technique of indirect documentation. It was concluded that the approval of this normative prospectus will contribute to the greater concreteness of the legal provisions of the consumer law, as well as to the reduction of unnecessary litigation in the jurisdictional scope.