Why the Ministry of Justice was wrong to punish Apple for the lack of a charger » iPhone Blog

This week we saw the possible outcome of a soap opera that has been going on for a few months.

Apple got it in court the right to normally sell their iPhones in Brazil even without a charger in the box.

Many people reacted indignantly with the decision, as they believe that the company should be punished for having removed the accessory without reducing the price of the product.

However, many times what we think is right does not justify abusive attitudes by the public authorities.

And in this text I have the mission of trying to make you understand that.


Apple’s mistake

Nobody here is going to pass cloth to Apple. The way she implemented the loader pull was jumbled and mistaken🇧🇷

We have discussed this in detail in this other article:

So I’m not going to try to justify removing the charger from the iPhone box here. the way it was done the consumer was harmedand I think most of us would agree with that.

But what I think doesn’t matter at this point. The issue I want to discuss is the decisions that some public bodies have taken in this regard.


fines and bans

It all started two years ago, in December 2020, when Procon-SP decided that Apple should give the charger to the customer who requested it.

But the American company paid no attention.

A few months later, Procon imposed a fine of 10.5 million reais on Apple. But the curious thing is that, as there is no legislation in Brazil that obliges the charger to come in the box, the entity included other reasons to punish the apple.

Once again, the lawyers tried to ensure that the fine was not carried out.

Until in September 2022, on the eve of the most important event of the year, a firmer attitude was taken: the Justice ministry (which is linked to the Executive Branch) completely suspended the sale of iPhones in Brazil. Furthermore, he asked the cancellation of registration of iPhone from model 12.

Apple continued to normally sell its devices in the country, but some actions to seize devices were carried out in some parts of the country.

And this soap opera seems to be arriving in the last chapters, after a warrant finally authorizes Apple to sell its devices normally. And without the charger in the box.


Power abuse

What is important to consider in this whole issue is that, regardless of what you or I think about Apple’s decision to remove the charger from the box, it does not entitle any public body to act abusively, creating rules that are not established. in legislation.

You might even be happy to see Apple “screw themselves” for taking the charger out of the box on the iPhone you didn’t even buy. But the fact that you are happy does not justify arbitrary and abusive attitudes.

The judge who issued the warrant in favor of Apple justified his decision on the fact that the attitudes of Senacon and Procon-SP violated impartiality.

That is, all restrictive attitudes are focused only on Apple, while other manufacturers continue to sell their smartphones and accessories without a charger.

There are, for example, several speakers, charging bases, bluetooth headphones and several other accessories that were always sold without a charger, and Senacom never did anything against these manufacturers.

Why only do this now, with Apple?

(Remember, we’re not talking here about whether you think it’s right or not to come with the charger, but about the abusive decision taken by public bodies in this case).

In his decision, the judge mentions article 4 of the Economic Freedom Act (nº 12.874 of 2019), which imposes the need for treatment isonomic by economic management.

That is, fines and suspensions should be applied to the entire market and not just to a single company.

He even states that the fact that Senacom imposes restrictions only on Apple characterizes Power abuse by the organ.

So until further notice, Apple cannot be prevented from selling the iPhone in our country.


Conclusion

Nothing that has been said here will prevent people from saying in the comments that “Apple bought the judge”, or “it’s wrong, it’s a married sale”, or “it’s absurd for Apple to remove the accessory and increase the price”…

The fact is that what was judged was the disproportionate behavior directed at the apple, while other manufacturers do not suffer from the same punishments.

If you agree with an arbitrary decision just because it serves your best interests, you cannot complain when the same type of decision harms you.

Law is law and must be respected at all times. And there is no legislation in Brazil that obliges a manufacturer to sell its smartphone with a charger. There is not.

As bad as it is for us consumers.

So instead of complaining on social networks about how tyrannical and unfair Apple is, why don’t you write to your Federal Deputy so that he proposes a law that includes chargers inside the box?

Because until there is a law that enforces it, Apple is under no obligation to give you the charger.


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