Post by messi05 on Jan 24, 2024 7:55:39 GMT
That the law would create a “framework of legal uncertainty”. Supermarket cashiers Created in 1993, state Law 2,130 determined that supermarkets in Rio de Janeiro provide packaging services and have employees at each “register machine” to place purchases in bags. Fellipe Sampaio/SCO/STF For Alexandre de Moraes, preventing laws empties the role of state legislatures. Fellipe Sampaio/SCO/STF The rapporteur, minister Alexandre de Moraes, was only against article 1 of the law, which created the role of packager. For him, the provision violated article 22, item I, of the Constitution, which provides that the Union's exclusive competence to legislate on Labor Law. Regarding the obligation of the packer, however, Moraes assessed that this is a job with the purpose of avoiding queues, enabling the consumer to have a better service provided.
According to him, the states have competence Buy Phone Number List competing with the Union to legislate on Consumer Law, and the questioned law would not generate additional costs for the establishment. The rapporteur was again accompanied by ministers Fachin and Lewandowski, but won a dissenting vote from Roberto Barroso. He stated that the state should only interfere in the economy on constitutional grounds that legitimize this intervention. In practice, the packers' law had been invalid since 1993, due to an injunction. The parking regulations were officially in force, although they never worked. The only caveat to be made is that the defendant must pay in full the monthly fee and not just the amount related to the co-participation”, added the rapporteur of the action. In the action, the author also requested compensation for moral damages to repair the suspension of health plan coverage.
The request was granted because, according to the rapporteur, it was noted that there was “neglect in the administrative care of the author, who, as a widow, in a situation of emotional fragility, found herself immediately deprived of the coverage she believed she had as a result of the legal guarantee of maintenance of the health plan signed by her ex-husband.” He also said that there is a pacified understanding in the appeals group that "the undue refusal of health plan coverage entails, as a rule, the duty to compensate for damages (moral and material) caused to the consumer". “Regarding the value of compensation for moral damages, I understand that the amount of R$5,000 is appropriate to the case and is in accordance with the principles of reasonableness and proportionality.”
According to him, the states have competence Buy Phone Number List competing with the Union to legislate on Consumer Law, and the questioned law would not generate additional costs for the establishment. The rapporteur was again accompanied by ministers Fachin and Lewandowski, but won a dissenting vote from Roberto Barroso. He stated that the state should only interfere in the economy on constitutional grounds that legitimize this intervention. In practice, the packers' law had been invalid since 1993, due to an injunction. The parking regulations were officially in force, although they never worked. The only caveat to be made is that the defendant must pay in full the monthly fee and not just the amount related to the co-participation”, added the rapporteur of the action. In the action, the author also requested compensation for moral damages to repair the suspension of health plan coverage.
The request was granted because, according to the rapporteur, it was noted that there was “neglect in the administrative care of the author, who, as a widow, in a situation of emotional fragility, found herself immediately deprived of the coverage she believed she had as a result of the legal guarantee of maintenance of the health plan signed by her ex-husband.” He also said that there is a pacified understanding in the appeals group that "the undue refusal of health plan coverage entails, as a rule, the duty to compensate for damages (moral and material) caused to the consumer". “Regarding the value of compensation for moral damages, I understand that the amount of R$5,000 is appropriate to the case and is in accordance with the principles of reasonableness and proportionality.”