Failures in the internet service in Amazonas generate moral damage

The year 2022 and early 2023 in Amazonas were marked by major instabilities in the internet network. The last fault was recorded in January of this year and left many Amazonians without connection.

In 2022, users of Claro, Vivo and TIM telephony and internet operators reported several difficulties in accessing the internet or making a call. In March, for example, the “blackout” of Claro and TIM signal reached several areas of Manaus. Then, on June 29 last year, Claro and TIM’s internet service fluctuated between afternoon and evening in Manaus.

Another failure that also occurred with Claro and Vivo in 2022 was on September 10th. Customers of the operator Claro had problems using the operators’ telephony and internet services. On November 25th, Vivo’s telephony and internet signal also showed instability in the capital of Amazonas.

The cashier Iara Batista, 25, reports that in September last year she was completely “islanded” by failures in Claro’s signal. “I went to the doctor and when I needed to ask an app driver to return to my house, I realized that I had no signal, I asked for the cell phone of other strangers and they also had no signal. I had to wait hours for the ‘signal to come back’ and nothing, ”she says.

Batista also reports that in some parts of the city the Claro signal does not pick up. “Before, Claro’s signal was one of the best, I abandoned Vivo because of several headaches it caused me, but I realized that Claro is the same way”, he emphasizes.

According to the vice-president of the Association of Amazonian Consumer Lawyers (AADCAM), Marco Salum, article 22 of the Consumer Defense Code (CDC) has been the most appropriate device for regulating the consumerist relationship. Considering the text, it is firm in establishing that “public bodies, by themselves or their companies, concessionaires, permit holders or under any other form of enterprise, are obliged to provide adequate, efficient, safe and, as for the essentials, continuous services”, explains.

The specialist also advises on the law that guarantees the consumer about the damage caused by the absence of the internet signal. “If we look at that final part, which deals with essential services, the LEI says that it must be provided continuously, in addition to being adequate, efficient and safe. Therefore, noticing that this essential service is not being provided as required by the above rule, it is understood that those who are part of this consumption relationship are entitled to civil compensation for the damages absorbed by it, whether of a material, moral, etc,” he said.

Claro S/A, for example, was condemned to indemnify the consumer, Claudine Sousa, for failure to provide internet service. Sousa presented the speed test proving the lack of service. The decision was made by the judge, Cássio Borges, when he handed down a sentence in which the company was ordered to indemnify the client for moral damages.

For the lawyer, the companies responsible for providing this type of service must increasingly leverage and modernize their technologies, so that the end of the consumer relationship perceives improvement in this type of relationship.

“That is why the importance of consumer protection bodies, as they exercise a supervisory role in this type of market, which requires more attention and investment, so that consumers, mainly in the municipalities of our State, start to properly enjoy the services through they hired”, he points out.

how to proceed

If there is a finding about damages arising from the interruption or poor provision of services by the companies responsible for data transmission, consumers who feel harmed and who do not have their problems resolved and who do not reach any type of agreement with these suppliers, they must: first, register their complaints with consumer protection bodies such as Procons or the website www.consumidor.gov.br, so that these institutions feed their databases, making it possible to apply specific policies aimed at these cases . In addition, seek legal support, either by a trusted lawyer or public defender, so that these losses are properly repaired.

Investments

On January 4, the governor of Amazonas, Wilson Lima, met with the Minister of Communications, Juscelino Filho, to discuss initiatives to bring the internet to the state.

Currently, the Amazon is on the route of the federal government in the Priority Project of the Pluriannual Plan (PPA) 2020 – 2023 agreed between the MCom, the Ministry of Science and Technology (MCTI) and the National Education and Research Network (RNP). The initiative has resources from GIRED (Group for the Implementation of the Redistribution and Digitization Process) and the 5G Notice.

Other side

In a note, TIM responded that it is attentive to the needs of consumers in Amazonas and has been investing heavily in strengthening its network in the region, in addition to expanding customer service points, with the aim of offering the best quality of its services to the local population. “The operator is advancing in 4G coverage in the state and through its SKY Coverage project it has taken technology to more remote and remote areas”, he informs.

Vivo, through its press office, informed that it would not comment on the cases.

Claro, until the closure of the matter, did not respond on the subject.

*With advisory information

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