The Supreme Court of Justice issued a ruling that divests the Pro Consumer Agency of the power to impose fines. The Third Chamber of the Supreme Court of Justice ruled that the National Institute for the Protection of Consumer Rights (ProConsumidor) does not have the power to impose fines or administrative sanctions.
In its ruling dated 30 June 2021, the court reported that the granting of sanctioning power to the public administration is a matter reserved to the law.
The court contemplates that, except for the cases included in Article 43 of Consumer Protection Law No. 358-05, the regulatory entity can only empower other bodies to impose fines. It says that for the Pro Consumer Agency to issue sanctions for the commission of infractions these need to be issued by justices of peace as expressed in Art. 132 of the Consumer Protection Law 358-05.
Read more in Spanish:
El Dia
Consumer Protection Law 358-05
9 August 2021