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Aprovado parecer de Armando com mais garantias ao franqueado no franchising

O franqueado pode anular o contrato do sistema de franquia se em dez dias antes da assinatura não receber do franqueador a chamada Circular de Oferta de Franquia (COF), com todas as informações sobre o negócio a ser firmado. A medida está determinada em parecer do senador Armando Monteiro (PTB-PE) a projeto de lei que amplia as garantias do franqueado, aprovado nesta quarta-feira (30), na Comissão de Constituição e Justiça.

Oriunda da Câmara dos Deputados, a proposta, que vai à votação da Comissão de Assuntos Econômicos (CAE) e posteriormente ao plenário, revoga a lei vigente sobre franquias, de 1994, criando um novo marco regulatório para o setor. “Estamos modernizando e dando segurança jurídica a esse importante modelo de negócios”, destaca Armando, em parecer.

CRESCIMENTO – O projeto de lei determina que o valor da sublocação pode ser superior ao valor da locação do imóvel comercial gasto pelo franqueador, sob a justificativa de que algumas vezes ele realiza benfeitorias significativas e instala maquinário. O parecer, porém, impõe limitações, ao determinar que o valor da sublocação cobrado do franqueado não pode ser excessivamente oneroso e nem ameaçar a manutenção do equilíbrio econômico-financeiro do aluguel.

Assim como já acontece com os Correios, o projeto de lei autoriza o sistema de franquias para empresas estatais, que têm de ser concedidas obrigatoriamente por licitação pública.

Segundo Armando Monteiro, o expressivo crescimento do sistema de franquias no país exige a atualização da sua legislação. Revela ele que, com 1,2 milhão de empregos no ano passado, o franchising brasileiro é o quarto maior do mundo, ficando atrás apenas da China, Estados Unidos e Coreia do Sul. De 650 redes em 2002, o sistema saltou no país para 2.845 em 2017, das quais 95% são nacionais.