Operators can not block Internet access

Injunction prevents operators to block access to unlimited plans. STJ benefits Hi on prepaid plans

An injunction of the Court of the State of Ceará (ECJ) forbade the mobile phone operators Oi, Claro, TIM and Vivo to cut internet access unlimited plans, even when the franchise hired is reached. The ruling, issued last Wednesday (24), goes for consumers in the Capital that they hired unlimited mobile internet service. The decision, handed down by Judge Marcia Olabisi on public civil action filed by Procon Fortaleza, established daily fine of 20 1000 R$ for each of the carriers in the event of noncompliance.

However, the Superior Court of Justice (STJ) determined that all actions involving internet franchise prepaid lines of Hi are suspended in the country-until it is set a single mind to make decision for all cases. Until justice of Ceará is communicated officially, the injunction also goes for these customers.

According to the Director-General of the Procon Fortaleza, Claudia Santos, the public civil action was motivated by the non-compliance, on the part of operators, of the consumer defense code (CDC). “In advertisements, companies offer unlimited plans, but when the user exceeds the limit of the franchise the internet service has become blocked, which configures the unilateral modification of the contract,” she says. “Clearly there is violation of the CDC.

She also claims to be using on the Hi so there is no official statement. “What happens in the case of hi is that several courts have filed applications for injunctions. The operator then pointed out a conflict of jurisdiction between the courts. And the SUPREME COURT decided that a single will take decision for all cases “.

Until last year, when the limit was exceeded, the contractor reduced the speed of the internet-as it was prohibited by the National Telecommunications Agency (Anatel). Since then, after reaching the limit, access is cut, being restored only with the recruitment of additional packages.

The lawyer Fernando Ferrer, specialist in consumer law, directs the consumer to feel wronged by the blocking of the internet signal to enter a lawsuit in court with claim. For this, he says, it is necessary to provide evidence that the blockade caused prejudice, as, for example, any activity that the user is no longer perform due to lack of access. “We need to prove that the damage existed. The modification of the contract unilaterally is unacceptable. “

Ferrer contends that the case-law established in the country, about the claims, still falls short of the ideal. “Unfortunately, in Brazil, reparations, in convictions for bad service, are still pathetically low, before the economic power of the companies”, he says “the condemnation serves to repair the injury, but above all she and pedagogical, to not occur with other consumers”. In addition, the lawyer says that often the prejudice is so small that, in the face of possible compensation, he feels discouraged.