Balança de farmácia não precisa ser fiscalizada pelo Inmetro, define STJ
As balanças disponíveis gratuitamente nas farmácias para uso do público não estão sujeitas à fiscalização periódica do Instituto Nacional de Metrologia, Qualidade e Tecnologia (Inmetro). Essa foi a decisão tomada pela 2ª Turma do Superior Tribunal de Justiça ao negar, por unanimidade, recurso no qual o Inmetro buscava o reconhecimento da legitimidade da fiscalização e da cobrança de taxas de verificação dos equipamentos.
Na ação, o Sindicato do Comércio Varejista de Produtos Farmacêuticos de São Paulo argumentou que a fiscalização das balanças, com cobrança de taxa de serviço de aferição e multa no caso da ausência do selo do Inmetro, era abusiva, pois somente os instrumentos utilizados na exploração econômica do estabelecimento devem ser submetidos a esse controle.
O recurso do Inmetro era contra acórdão do Tribunal Regional Federal da 3ª Região que havia decidido que as balanças oferecidas para uso gratuito do público pelas farmácias, justamente por não integrarem sua atividade econômica, não estão sujeitas à fiscalização do instituto.
Cortesia
O ministro relator da matéria, Herman Benjamin, destacou em seu voto que o poder de polícia do Inmetro para fiscalizar a regularidade de balanças visa preservar precipuamente as relações de consumo, sendo imprescindível verificar se o equipamento objeto de aferição é essencial ou não à atividade mercantil.
No caso das farmácias, observou o ministro, as...
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