Atuação do PROCON na responsabilização administrativa em caso de descumprimento de oferta veiculada em plataformas de marketplace

Abstract

The noncompliance by suppliers with the due observance of the offers posted on marketplace platforms is one of the adversities brought about by the development of technology, especially when it reaches the consumer public, considered, for many times, to be hyposufficient and vulnerable. However, despite such normative transgression of those subjects in the legal relationship of consumption, there are agencies that are responsible for the supervisory action, namely, the PROCONs, whose main purpose is to exercise the police power inherent in the Public Administration so that there is respect for the legal rules set forth in the Code of Consumer Protection relating to the offer. As a problem, it is asked how the process of administrative accountability occurs, by PROCON, of suppliers who offer their products/services in e-commerce platforms without the due compliance to the consumer society and what is the importance of the inspection by this agency in the system of restraint of such abusive practice. As a justification, we note that this discussion has great social and academic relevance, once we consider the gradual increase in the characterization of the legal relationship of consumption, especially in the online context, in e-commerce platforms, since the processes of sale and acquisition of products/services are progressively more computerized and facilitated. As an objective, we seek to analyze the context of PROCON's action through its administrative responsibility, by using its police power defined by law, to supervise and penalize suppliers regarding the prohibited commercial practices provided for both in the Consumer Defense Code (CDC) and outside it, in the context of commercialization via marketplace platforms, notably in relation to noncompliance with the advertising offer conveyed in these virtual environments. As methodology, the research is of an applied, theoretical-practical nature, through the deductive approach method; furthermore, the research is based on the qualitative approach to the problem, with a descriptive objective, based on bibliographic, documental, and jurisprudential technical procedures. As a conclusion, it is deduced that PROCONs have legitimacy to act through the application of administrative sanctions provided in art. 56 of the CDC, i.e., the process of administrative accountability of suppliers linked to marketplace platforms that fail to comply with the offer is the competence of PROCON, which monitors and sanctions such practice, which can contribute to the relief of the Judiciary in relation to this theme, since the administrative sanctions have a pedagogical character.