Post by xyz3600 on Feb 25, 2024 4:08:55 GMT -5
Regional Chemistry Council can only require the registration of companies whose main activity is linked to the area. This was the understanding of the 1st Panel of the Federal Regional Court of the 4th Region when deciding that a manufacturer of wires, cables and electrical conductors does not need to be registered with the professional council nor hire a chemical technician to carry out its commercial activities. citadelle Manufacturer of wires, cables and electrical conductors does not need to be registered with the Regional Chemical Council of the city In May, the company filed a writ of mandamus in the Federal Court of Paraná against an act by the Regional Chemistry Council of the 9th Region. In the action, he said that he ended up being the target of an administrative process after receiving a visit from an inspector from the agency.
As a result, the council imposed on the company the duties of registering with the agency, hiring a chemistry technician and paying a fine of R$4,958.90. The author maintained that its main activity is the manufacture of wires, cables and electrical conductors, whose raw materials are copper and PVC (thermoplastic polyvinyl chloride compound), purchased directly from specialized manufacturers who already have chemical Middle East Mobile Number List professionals qualified to make and monitor the formulation of these materials. He also highlighted that the handling of this raw material is considered a secondary activity, and not the company's final objective. Thus, he argued that, because of the basic activity carried out, he would not be legally obliged to hire a chemistry professional and that the demands of the regional council would be illegal and abusive.
The court of the 2nd Federal Court of Curitiba granted the injunction to the company, recognizing the ineligibility of the author's registration with the council, as well as the ineligibility of hiring a chemical technician professional, in addition to rendering the fine of R$ 4,958.90 null and void. The council appealed to TRF-4, arguing that the social contract listed by the company would not be an effective document to prove the allegations nor could it support the sentence, as it would not have been evident that the base activity is not related to the area of chemistry. He further argued that the content of the inspection and technical decisions contained in the administrative process should prevail.The company must also remove transmission equipment within a maximum of 30 days from those who have already canceled their subscription. It will also be required to reimburse double the amount paid by the subscriber after the cancellation request.
As a result, the council imposed on the company the duties of registering with the agency, hiring a chemistry technician and paying a fine of R$4,958.90. The author maintained that its main activity is the manufacture of wires, cables and electrical conductors, whose raw materials are copper and PVC (thermoplastic polyvinyl chloride compound), purchased directly from specialized manufacturers who already have chemical Middle East Mobile Number List professionals qualified to make and monitor the formulation of these materials. He also highlighted that the handling of this raw material is considered a secondary activity, and not the company's final objective. Thus, he argued that, because of the basic activity carried out, he would not be legally obliged to hire a chemistry professional and that the demands of the regional council would be illegal and abusive.
The court of the 2nd Federal Court of Curitiba granted the injunction to the company, recognizing the ineligibility of the author's registration with the council, as well as the ineligibility of hiring a chemical technician professional, in addition to rendering the fine of R$ 4,958.90 null and void. The council appealed to TRF-4, arguing that the social contract listed by the company would not be an effective document to prove the allegations nor could it support the sentence, as it would not have been evident that the base activity is not related to the area of chemistry. He further argued that the content of the inspection and technical decisions contained in the administrative process should prevail.The company must also remove transmission equipment within a maximum of 30 days from those who have already canceled their subscription. It will also be required to reimburse double the amount paid by the subscriber after the cancellation request.