The necessary update on Brazilian postal services Law 6.538/1978

Abstract

The Constitution defines that the authority over maintenance and legislation regarding the Postal Services and National Aerial Mailing is the Federal Union, Article 21, X and Article 22, V. The Postal Service is regulated via Law 6.538/78 and is performed trough the Brazilian Company of Mailing and Telegraphs (Empresa Brasileira de Correios e Telégrafos, ECT), a Public Company that is part of the Indirect Public Administration (Administração Pública Indireta). Public Companies are created to provide services or to explore economic activities. As any Public Service it must submit to Article 22 of our Consumer Protection Law (Law 8.078/90 – Código de Defesa do Consumidor) and must provide an adequate, efficient and safe service. The n. 46 Argument of Breach of Fundamental Precept (Arguição de Descumprimento de Preceito Fundamental) is firmly against the reception of the Law that rules over Postal Services, because it states that the entire monopoly of all postal and mailing services in Brazil must remain within the ECT (Correios, as commonly known) (article 2º and 9º), also, the same Law define as crime the violation of the Union Postal privilege (article 42). The existence of a State Monopoly over Mailing Services is against the principles of free enterprise, free exercise over any labor, free competition and the free exercise of any economic activity. The lack of choices also hurts the freedom of the consumer, especially when the quality of public postal services is found wanting. The Argument of Breach of Fundamental Precept (ADPF) was denied by most of the judges at the Supreme Court (Supremo Tribunal Federal). In this context, there are two Bill of Laws, 7638/17 (appended to Bill No. 6,385 / 16) which provides for the preferential provision of postal services of the ECT by the federal public agencies of the Direct and Indirect Administration and 7.354 / 10 which provides for compensation to ECT customers in case of delay or loss of postal items.