Post by messi05 on Jan 23, 2024 22:58:41 GMT -5
The validity of this parameter (gross revenue) to assess the criterion of the consumer's economic condition: “Administrative sanctions have, at the same time, a punitive function (= repressive) and an inhibitory function (= dissuasive or pedagogical), the one intended to reprimand for an act already carried out, the latter with the purpose of discouraging future illicit behavior, by the offender himself (= special deterrence) or third parties. when calculating the fine, the supplier's gross revenue must often be taken into account, and not the specific profit from the illicit act in question, otherwise, in practice, small and large entrepreneurs are unfairly equated, crosswise.
The administrative authority, when Buy Phone Number List exercising police power, acts under the aegis of the principle of strict legality, that is, it can only carry out acts that the law defines. The massive jurisprudence of the Court of Justice reflects reality, as in a quick search carried out in the Foundation's databases we can find: 1,190 final and unappealable cases, of which: Maintenance of the Fine by Procon-SP = 1,041 Annulment of the fine = 149 (all due to considering the infraction non-existent – none due to excessive dosimetry of the penalty) These numbers result in the foundation's success in maintaining the fines it imposes in around 90% of cases.
Thus, the existence of a few rulings in which the fine was reduced does not constitute jurisprudence favorable to companies, but, as stated above, isolated and specific cases. The research also concluded that, in the majority of cases taken to court, abuses are detected in the adjustments carried out — and which were monitored by the regulatory agency. “Most of these decisions ruled out the adjustment because they understood that the reasons for the increase or the clarity of the contractual rules had not been proven, and this demonstrates a serious regulatory problem”, assesses the lawyer.
The administrative authority, when Buy Phone Number List exercising police power, acts under the aegis of the principle of strict legality, that is, it can only carry out acts that the law defines. The massive jurisprudence of the Court of Justice reflects reality, as in a quick search carried out in the Foundation's databases we can find: 1,190 final and unappealable cases, of which: Maintenance of the Fine by Procon-SP = 1,041 Annulment of the fine = 149 (all due to considering the infraction non-existent – none due to excessive dosimetry of the penalty) These numbers result in the foundation's success in maintaining the fines it imposes in around 90% of cases.
Thus, the existence of a few rulings in which the fine was reduced does not constitute jurisprudence favorable to companies, but, as stated above, isolated and specific cases. The research also concluded that, in the majority of cases taken to court, abuses are detected in the adjustments carried out — and which were monitored by the regulatory agency. “Most of these decisions ruled out the adjustment because they understood that the reasons for the increase or the clarity of the contractual rules had not been proven, and this demonstrates a serious regulatory problem”, assesses the lawyer.