jun Projeto de lei quer regular sites de compras coletivas. Qual a vantagem?

Uma nova forma de venda, que surgiu no início do ano passado e é muito utilizada na atualidade, está sendo alvo de projeto de regulação. Devido aos problemas de atendimento que os consumidores têm com os sites de compra coletiva, o Deputado João Arruda (PMDB-PR) propõe, dentre outros fatores, a obrigatoriedade de um SAC (serviço de atendimento ao consumidor).

Demora de ressarcimento em casos de cancelamento, falta de clareza na oferta anunciada, discriminação aos consumidores e dificuldade para agendar o serviço adquirido são alguns dos problemas. Além disso, no caso da comercialização de serviços, a grande deficiência nas especificações cria uma margem enorme de risco de o serviço não ser bem aquilo que se espera e há muitos anunciantes que parecem não avaliar a viabilidade logística do que está sendo oferecido.

Entretanto, ao contrário do que argumenta o Deputado, o Código de Defesa do Consumidor já regula este tipo de conflito, considerando tratar-se de uma relação empresa-consumidor. Afinal de contas, entendo que todas as empresas envolvidas estejam oficialmente estabelecidas em território nacional, o que se caracteriza pela existência do bom e velho CNPJ. Se ela atua com porta aberta ou pela internet, é uma outra questão e, na verdade, é um desafio para controle pelo governo. Com isso, a questão não é regular sites de compras coletivas, que estão na moda, mas fiscalizá-los, com se faz com todo tipo de estabelecimento, para garantir que o consumidor terá os seus direitos, já adquiridos, cumpridos.

Um fato que devemos observar sobre este Projeto de Lei é que exigir um SAC não garantirá o bom atendimento e, não seria um papel do governo imputar para uma empresa privada um padrão de qualidade para o seu SAC. Até hoje, as únicas empresas que tem padrão de atendimento estabelecido pelo governo são aquelas reguladas federalmente (telefonia, TV por assinatura, bancos etc) e que, convenhamos, não são nenhum referencial de bom atendimento.

Os sites de compras coletivas representam um mercado novo aqui e que ainda deverá evoluir muito. Mas, não é necessário algum projeto de lei somente para este tipo de site, já que eles tratam de uma relação de consumo usual entre empresa e consumidores.

O que deve ser destacado é que a prestação de serviços não tem evoluído no ritmo em que avançam as tecnologias. E há também empresas que não são gerenciadas de maneira refinada ao ponto de saberem , por exemplo, a sua capacidade de atendimento, o tempo de espera de um cliente para ser atendido e outras questões que deveriam ser analisadas antes de publicarem uma oferta que envolverá habilidade e competência para atender um certo volume de consumidores.

Todo tipo de empresa ou de negócio funciona dentro de um determinado modelo operacional e gerencial. Geralmente, esses modelos respondem bem a certas demandas durante um tempo e podem, na medida em que muda o perfil de clientes ou o volume de negócios, sucumbirem. Esse é um risco que os anunciantes deveriam avaliar antes de se empolgarem com a possibilidade de terem seus estabelecimentos lotados.

Abraço,

Vladimir Valladares

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