Resumo da Posição da CPMCS sobre o Anteprojecto do Código do Consumidor
- A CPMCS considera que os quadros regulamentares da publicidade e da protecção do consumidor devem permanecer autónomos por se tratar de institutos jurídicos que prosseguem finalidades distintas, nos planos material e subjectivo. Na realidade, não se pode limitar um sector tão importante como a publicidade, pela sua influência estratégica e pelo seu dinamismo, a uma questão de defesa do consumidor (não obstante a importância de existirem normas de protecção do consumidor);
- Entende ainda a CPMCS que deverá ser abandonada a proposta de criação de uma Entidade Reguladora para as Comunicações Comerciais (ERCC). A constituição de mais uma entidade reguladora, a acrescer à actual pulverização de entidades públicas com atribuições e competências no domínio da publicidade, é em si susceptível de gerar custos acrescidos, mais burocracia, atrasos processuais e eventuais conflitos de competências.
- As restrições impostas no anteprojecto para a publicidade (por ex.: alargamento das limitações à publicidade a determinados produtos alimentares, proibição da utilização de símbolos nacionais, proibição da utilização de língua estrangeira, etc.) são condicionadoras do investimento, numa altura em que se sabe que a...
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