Post by xyz3000 on Feb 12, 2024 4:47:41 GMT
For the Federal Public Ministry, the company must bear the costs of changing cell phones, motivated by changes in technology. Thus, the MPF in the municipalities of Assis and Ourinhos (SP) recommended that Telefônica be responsible for replacing the devices of RuralCel users, a service that the company maintains in partnership with Vivo. According to public prosecutors Rodrigo Joaquim Lima (Assis) and Antônio Arthur Barros Mendes (Ourinhos), the exchange of devices is necessary because of a change in the technological platform, from analogue to digital, which is being carried out by Vivo. For the MPF, the change in service provision is a result of the companies' initiative.
In the Recommendation, the prosecutors state that Telefônica has been compelling users, through letters, to arrange for the purchase of new devices, which cost around R$2,500, under penalty of service interruption. The Federal Public Ministry argues that the regulation of telephone Estonia Email List service prevents the costs of technological modifications from being passed on to users. Furthermore, the prosecutors understand that Telefônica's procedure violates the Consumer Protection Code, as it unduly interrupts the provision of an essential public service and does not give customers the right to maintain the RuralCel service at the current technological standard.The effects of the sentence that is passed will be retroactive to the date of service.
The Code enshrined the Theory of Imprevision , according to which, if there is a supervening fact that brings an excessive advantage to one of the parties, the contract may be terminated, as long as such fact was extraordinary and difficult or impossible to predict. It is also called the “ rebus sic stantibus ” clause, whereby the legal relationship must be maintained as long as the factual situation that originally gave rise to it persists. At this point, it is worth highlighting that the new legal diploma has regressed, going against the modern trend of giving the judge powers of integration in contracts in general, following the guidance brought by the Consumer Protection Code. Current civil law does not authorize the judge to enter into the contract, but only its resolution , which is certainly more harmful for both parties.
In the Recommendation, the prosecutors state that Telefônica has been compelling users, through letters, to arrange for the purchase of new devices, which cost around R$2,500, under penalty of service interruption. The Federal Public Ministry argues that the regulation of telephone Estonia Email List service prevents the costs of technological modifications from being passed on to users. Furthermore, the prosecutors understand that Telefônica's procedure violates the Consumer Protection Code, as it unduly interrupts the provision of an essential public service and does not give customers the right to maintain the RuralCel service at the current technological standard.The effects of the sentence that is passed will be retroactive to the date of service.
The Code enshrined the Theory of Imprevision , according to which, if there is a supervening fact that brings an excessive advantage to one of the parties, the contract may be terminated, as long as such fact was extraordinary and difficult or impossible to predict. It is also called the “ rebus sic stantibus ” clause, whereby the legal relationship must be maintained as long as the factual situation that originally gave rise to it persists. At this point, it is worth highlighting that the new legal diploma has regressed, going against the modern trend of giving the judge powers of integration in contracts in general, following the guidance brought by the Consumer Protection Code. Current civil law does not authorize the judge to enter into the contract, but only its resolution , which is certainly more harmful for both parties.
