Pro Consumidor says TC ratifies and strengthens its sanctioning power

The executive director of National Institute of Consumer Protection (Pro Consumer), Eddy Alcántara, stated this Friday that the ruling TC/0723/24 recently approved by the Constitutional Court (TC) ratifies and strengthens the sanctioning power of the institution that defends the rights of consumers.

In that sense, he said that the TC declared articles 17.j), 23, 31.j), 42, 112 and 117 of Law No. 358-05, General Protection of Consumer Rights, in accordance with the Constitution. User from November 9, 2005.

He also said that the sentence ordered the National Congress immediately focus on the modification of Law 358-05, so that the law is not subject to interpretation. sanctioning power that that court has recognized and retained through the recently announced decision.

“The powers conferred on the Executive Directorate of Pro Consumer and to Advice They were ratified through this decision,” said Alcántara, who he said is a practicing lawyer for more than 31 years and in constitutional matters.

The official thanked the TC judges in the interest of guaranteeing and clarifying that the protection of consumer rights“overrides any particular interest of those who seek, by misinterpreting the decision, to affect consumers and defraud them of their rights.”

• He invited those interested to read the 168 pages of the ruling TC/0723/24which concluded by stating the following: “rejects the direct actions of unconstitutionality regarding articles 17 y), 23, 31.j), 42, 112 and 117 of Law No. 358-05, General Protection of Consumer or User Rights and, consequently, declares said provisions in accordance with the Constitution, for not contravening articles 40.15, 40.17, 110 and 138 of the Constitution.”

“Because, on the contrary, in this ruling (TC/0723/24), in addition to retaining the power of Pro Consumidor, it strengthens it and requires that what has been established in the norm be clearly defined so that no citizen dares n in interpreting in a malicious way”Eddy AlcantaraExecutive Director of Pro Consumidor“

He also pointed out that the “whimsical interpretations” of interested sectors in crushing the powers of the institution that protects consumer rights due to particular interests, “they do not leave room for the doubt that the desire that prevails in them is to leave Dominicans unprotected from the rights conferred by regulation 358-05.”

Will continue working to ensure consumer rights

Eddy Alcántara asserted that the current management of Pro Consumer will continue working to guarantee and protect the rights of all Dominicans in the same way as it has been doing since March 22, 2021, when it assumed responsibility for enforcing the law in favor of all consumers in the country.

In the TC rulingapproved on November 15, the third paragraph establishes the following: “EXHORT to the National Congress to legislate in the sense of producing a comprehensive reform of the administrative responsibilities and sanctions provided for in Law No. 358-05, General Protection of Consumer or User Rights, especially so that it contains clear, express and unequivocal authorization”, that currently has the consumer protection entity and is retained by the current ruling of the high court.

Company that acted against Pro Consumidor

The direct actions of unconstitutionality contrary to articles 17.j), 23, 31.j), 42, 112 and 117 of Law no. 358-05, General Protection of Consumer or User Rights were submitted by the National Association of Distributors Liquefied Gas de Petróleo, Inc. (Asonadigas) and the commercial company Industrial Propane ButaneS.A.