Ação civil pública e o tempo de espera para atendimento na agência da Caixa Econômica Federal de Cajazeiras/PB.

Abstract

It was proposed by Federal prosecutors-active – a legitimate public civil action in face of the Caixa Econômica Federal Agency of the Cajazeiras/PB, in the 8th Federal Court Judicial Subsection Sousa/PB, to defend individual homogeneous rights from users consumers of this bank, due to the excessive waiting time for service. Due to the filing of this action, and taking into account the large number of lawsuits that have as object the waiting time for customer service in banks, greater than the maximum fixed in law, arose the necessity of analyzing the theme with the goal of identifying what are consumer’s rights that are disrespected due to the excessive delay for the service. The specifics objectives were to identify if the Banks are conditioned to obey the local law, the municipal law, which regulates the waiting time in lines, that is, if these laws are constitutional; the possibility of being safeguarded the consumerist rights for a class action lawsuit, more specifically a public Civil action; and, if the judgment in case studied is in line with the case-law of the superior courts. To this end, we used the deductive approach method, bibliographic and documentary research and the methodological procedure of the study case. For better understanding of the subject, it got started with the public civil action conceptualization, as well as the identification of collective law relationship with the consumer defense code, to get to the identification of consumerist’s principles and rights that are affected by the mentioned financial institution’s conduct. It can be verified that with the excessive delay for service, there is a disrespect of human’s dignity, since the consumer’s physical and mental health are damaged. In addition, it's failed to fulfill the efficiency principle in providing public services, basic consumer rights, fixed in art. 6, X, of the CDC, art. 37, caput, the CF and art. 175, IV, the CF. It was found that the public civil action is the ideal instrument to safeguard the consumerist rights and that the Municipal Law of Cajazeiras/PB, Lei nº 1.233/99, is constitutional, concluding the explained idea as the understanding of the superior courts and adopted by the 8th Federal Court Judicial Subsection Sousa/PB Judge, as it could be checked on the judgment.