Atuação e efetividade do Decon-CE: da conciliação de conflitos à aplicação de multas administrativas.

Abstract

The present study aims to investigate the performance of the State Program for Consumer Protection and Defense (Decon-CE), considering its operation, notably its function of reconciling conflicts as a procedure that may lead to the application of administrative fines to violating companies. The choice of theme is linked to the role of conciliator of this researcher in that institution, allowing access to the most diverse types of complaints of a consumerist nature. The research takes a qualitative approach, being exploratory and carried out at Decon CE, through the collection of statistical and documentary data, as well as data obtained through interviews. The collected data were interpreted based on theoretical foundations, based on the Consumer Protection Code (Law nº 8.078/1990) and related legislation, the Federal Constitution of 1988, doctrine and pertinent legal studies. Data collection was divided into three stages: i) focused on complaints and reconciliations, which was carried out through the National Consumer Defense Information System (Sindec) and annual statistical reports from the Conciliation Sector; ii) second stage focused on the annual calculation of fines, carried out through spreadsheets of the Executive Secretariat of Decon-CE; and iii) the third stage took place through interviews with employees of the Agency. It was found that the Procons, administrative bodies linked to the municipal or state executive power, are bodies as important as necessary in the defense of consumer rights, active in resolving conflicts more quickly and effectively, without the need to file lawsuits in the judicial field. As for the conciliatory nature of the Decon-CE, a satisfactory resolution rate was found. As for the conciliatory nature of the Decon-CE, a satisfactory resolution rate was found. An average resolution rate of 34.54% was also found in administrative processes, that is, when a conciliation hearing is scheduled. As for the virtualization of Decon-CE procedures, the hearings, which became virtual and the administrative processes, which started to be executed by the SAJMP, demonstrated technological advances, optimization of services and an increase in the quality of execution. As for the supervisory nature of Decon-CE, the Body's considerable effectiveness was demonstrated. With regard to the FDID, it is concluded that, due to the number of registered projects, it is clear that many Civil Society Organizations (CSOs) participate annually in the selection process, in order to have their projects financed with the Fund's resources. However, analyzing the number of approved projects, it is observed that the percentage is very small in relation to the number of projects presented, which leads to the need for other studies to focus on this object, in order to understand how the process develops. of approval of submitted projects, identifying their motivations and other variables involved in this process. Keywords: Conciliation. Decon/EC. Administrative fine. FDID.