Public service users rights in Brazilian Law

Abstract

The text seeks to show the limits of the application of the Consumer Defense Code (CDC) to public service users. The analysis of articles 3, 6, X and 22 demonstrates that the legislator intended to determine the application of this Code to public bodies in the case of public services provided through remuneration only. Difficulties arise relating to the application, to public service suppliers, the sanctions provided for in the CDC, which are subject to specific rules, that provide for internal control by the Administration itself. The penalties that imply the shutdown of public services are inapplicable, due to the principle of public services continuity. Law 13,460/2017 - Public Services Users Defense Law - came to comply with art. 37, paragraph 3, of the Constitution (Constitutional Amendment 19/1998). The mentioned Law covers all public services, even those provided without remuneration. Although states and municipalities may also legislate on the matter, the Law is nationwide applicable. The law did not provide for the sanctions in case of breach of its norms, thus legal rules that provide for civil, administrative, criminal liability, and penalties for public agents misconduct, are applicable.