“no charge to organize transit”

“You can’t charge for organizing transit.” This is the position of Claudia Santos, president of the Consumer Law Commission of the Ceará Bar Association (OAB-CE), regarding the charge of R$ 20 every 10 minutes to drivers in the departure and arrival area of Strength.

For the lawyer, the fact of wanting to collect mischaracterizes the reason cited by Fraport, concessionaire of the Pinto Martins International Airport, that it needs to organize the space.

She emphasizes that the measure can be carried out without burdening those who will drop off or take passengers, needing to stop at the curb at the entrance to the airport terminal.

Claudia’s criticism was detailed on the radio THE CBN PEOPLEthis Thursday, 21, in an interview with the presenters of O POVO no Rádio, Jocélio Leal and Rachel Gomes.

Asked if the German company that manages the Airport can charge, since it has the space concession, she stresses that Fraport still has to respect the Consumer Defense Code, which is a federal law.

For the president of the Commission in the OAB-CE, the practice can be considered abusive, according to item V, article 39 of the CDC, which deals with a manifestly excessive advantage.

“Because it (Fraport) does not give the consumer an option”, he says, adding that the driver has no alternativeor pays for the curb or is forced to park the vehicle.

For the time being, the OAB has entered within 10 days for the air terminal administrator to clarify the reasons for arriving at the collection values, on a legal basis that overlaps with the Consumer Defense Code.

“To convince us that this charge is due. (…) To organize the curb for free. Organization does not have to be paid”, he reiterates. “The company has to convince us, otherwise, there is no other alternative to OAB promote legal action to curb this undue charge“, he adds.

Watch the interview on Fortaleza Airport collection on O POVO radio CBN

Watch from 1h04min

Understand the OAB action against Fraport

THE OAB-CE asked for explanations about the charge of R$ 20 every 10 minutes for drivers to be parked on the curb for boarding and disembarking at Fortaleza International Airport.

In a letter sent on Wednesday afternoon, 20, the Consumer Law Commission demands clarification on the measure. Procon Fortaleza had done the same.

The matter has had negative repercussions since the announcement of the measure. Criticism falls on the fraportmanager of the Airport, one of the places whose parking is the most expensive in Fortaleza.

Even so, the price of R$20 for 10 minutes exceeds any proportion charged there or in other areas of the Capital.

To get an idea, today, parking at the site is cheaper, as it costs R$18 after 1 hour and R$3.50 more for every fraction of 15 minutes that passes that time.

“Considering that they are innovating in the aforementioned charge in the State of Ceará and because they are much higher than any type of charge carried out, by parking companies and blue zone, we await the due clarifications, on the part of Fraport Brasil”, defends the president of the Commission of OAB-CE Consumer Defense, Claudia Santos.

In the document sent to the airport administrator, she points out that the value of the charge even exceeds the rates operated by the City itself in the blue zones of the City.

“We have already forwarded the document and we are awaiting clarification on the charge. If the Order understands that Fraport’s conduct is not adequate, we will take other measures, including the filing of a public civil action “, pondered the president of the OAB-CE, Erinaldo Dantas.

Sought by O POVO, Fraport stated that “it will provide all necessary clarifications.”

Procon Fortaleza also entered against Fortaleza Airport

The company that manages Fortaleza International Airport, Fraport, runs the risk of being fined R$ 15 million if it does not present a formal justification for the implementation of the fee of R$ 20 for every 10 minutes that passenger vehicles are in the areas of loading and unloading.

The lawsuit is filed by the Municipal Department for the Protection and Defense of Consumer Rights (Procon Fortaleza). The agency seeks to investigate whether the rate adopted violates the Consumer Protection Code.

“The concessionaire has ten days to explain the possible charge of BRL 20 in the embarkation and disembarkation areas, under penalty of being fined more than BRL 15 million, in addition to other measures provided for in the CDC, if it does not respond to the notification from the agency. defense of consumer rights”, informs Procon Fortaleza.

According to the agency, the notification is based on information revealed by the press and also on anonymous complaints from consumers. Procon points out that it has already identified the beginning of the installation of gates in the boarding and disembarkation areas of the terminal and reiterates urgency in the case.

“We are going to find out if a manifestly excessive advantage is being demanded by the consumer, something totally prohibited by the CDC, in article 39″, he explained, emphasizing that it is also necessary to know what justifies this charge”, argues the director of Procon Fortaleza, Eneylândia Rabelo.

If a violation of the consumer law code is found, the company will respond to an administrative proceeding.. Depending on the progress of the case, the penalties vary from the term of adjustment of conduct, application of fines to the interdiction of the place.

For comparison purposes, the parking fee is cheaper than this charge for other facilities at the Fortaleza terminal, as it costs R$18 for the first hour of stay, with an additional charge of R$3.50 for every 15 minutes after that period.

Decon also speaks out against charging at the curb

In addition to OAB-CE and Procon Fortaleza, the State Program for Consumer Protection and Defense (Decon), of the Public Ministry of the State of Ceará (MPCE), instituted, on Wednesday, July 20, an Administrative Procedure to investigate possible violations to the CDC and traffic regulations in force by Fraport Brasil SA

Fraport also has up to ten days from the date on which it is notified to present a defense to Decon.

The company can be fined up to R$ 15 million, if the consumer body understands that there has been a violation of consumer rights.

According to DECON, the charge to be implemented may violate articles 4, item I; 6, items III and IV; and 39, items V, X and XII, all of the Consumer Defense Code (Federal Law No. 8078/1990).

This is because, according to a statement from Decon, it is possibly not taking into account the vulnerability of the consumer in the consumer market and the values ​​referring to the service were not clearly disclosed (the company limited itself to explaining the dynamics of the flow of vehicles) .

Also according to the agency, the charge may demand a manifestly excessive advantage from the consumer, by means of an increase, without just cause, in the price of the service.

Fraport makes videos to explain measurement

On Wednesday afternoon, Fraport also released material in which it seeks to explain the charge. The company’s communications director, Natali Valezisays in a video that “it is just an organization of the curb so that everyone can use it with isonomy and ease.”

“We have received numerous complaints from passengers and users who have great difficulty accessing parking spaces and allowing passengers to board and disembark. Because there were already cars parked on the curb where it is already forbidden to disturb the flow. That’s what we want to solve. We don’t want to overcharge or charge a parking fee for those who park on the curb. That’s not it,” he says in a video sent by the company.

Another video, posted on Fraport’s YouTube channel, explains how the gates should work and has, in the comments, numerous criticisms for the measure.

See below for exceptions and ways to access taxis and tourist vans

  • Service providers, suppliers and deliverers: they must obtain seals from the assignee for access to the Dock. Soon, more information will be sent by the airport administrator.
  • Tour buses, tour vans and intercity buses must enter through the gate and go to the Bus Station, using the same ticket.
  • Accredited taxis, car rental vans (Localiza, Movida and Unidas), municipal buses and authorities working at the airport, after registering the plate in the email [email protected]they must enter through the gate system and go to the spaces marked on the curb.

How will the new arrivals and departures area work if the fare is maintained?

How to report violations of Consumer Law?

Procon informs that it receives complaints by telephone 151, with a call center from 8 am to 5 pm, from Monday to Friday, as well as virtually, at any day and time of the week, on the portal of the City Hall of Fortaleza (www.fortaleza .ce.gov.br); and also by the Procon Fortaleza application.

Alan Magno, Samuel Pimentel and Armando de Oliveira Lima

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About Yadunandan Singh

Born in 1992, Yadunandan approaches the world of video games thanks to two sacred monsters like Diablo and above all Sonic, strictly in the Sega Saturn version. Ranging between consoles and PCs, he is particularly fond of platform titles and RPGs, not disdaining all other genres and moving in the constant search for the perfect balance between narration and interactivity.

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