Manaus Ágil tourism and culture of the AmazonPurpose of TRF4's determination is to prevent the collection of monthly fees or fines from the one who lost or had his cell phone stolen or stolen and terminated the contract with the operator.
O Regional Federal Court of the 4th Region (TRF-4) determined that the National Telecommunications Agency (Anatel) to change the regulation of cell phone services to prevent the collection of monthly fees from customers who report loss, theft or robbery of the cell phone. The decision, which can still be appealed, is valid for the whole country and was issued last Wednesday (25), but was released today (30) by the court.
According to the court's press office, the Federal Court in Florianópolis (SC) upheld the request made by the Federal Public Ministry (MPF). Anatel appealed to the court, but the 4th Panel unanimously denied the appeal. For the rapporteur of the case, federal judge Sergio Renato Tejada Garcia, the omission of the regulatory agency in the case was demonstrated.
"By trying to avoid the duty to regulate, Anatel fails to perform the duties incumbent upon it with regard to the defense of users' rights and the guarantee of balance between consumers and providers," the judge concluded.
The conviction is the result of a public civil action filed by the MPF, according to which the collection of fines for the termination of the contract by victims of criminal action is a relationship that occurs in a "disproportionate and unreasonable way to the detriment of the consumer.
The MPF found failures in the care of operators in reporting fortuitous events and the collection of fines for cancellation and monthly fees to the consumer when he could no longer use service.
In the action, the MPF stressed the need for regulation of the rules to prevent the mobile telephony concessionaires to charge fines in cases of "termination of the contract for the provision of mobile telephony service, when the occurrence of fortuitous events beyond the user's control and during the term of minimum permanence contract.
According to the sentence, Anatel has to change the regulation to prevent "mobile operators from fining users who terminated contracts due to loss, theft or robbery of devices and to prevent monthly charges from the communication of the fact, as well as to impose the adoption of simple and agile means to solve these demands.
