Clipping of news on Brazilian Culture, Law and Citizenship
 


Consumer News

Justice determines that SERASA can not embarrass client

14/8/2013

This article was translated by an automatic translation system, and was therefore not reviewed by people.








For the STJ, business is only one bank records with consumer data

OSNI ALVES


Rio - The 4th Panel of the Superior Court of Justice (STJ) has determined that the Professionals, credit protection company with operations across the country, it is just a note of information given by lenders. For the judiciary, is not the business of the company to confirm the data provided on consumers. The decision is controversial and should go to the Federal Supreme Court (STF).

Farias plans to return to Hidrolândia and says he wants to resume commercial activities developed there
Photo: Estefan Radovicz / Agency Day
Thus, the consumer is in default until the contrary is proved, to the Municipal Secretary of Consumer Affairs and coordinator of the Rio Carioca Procon, Solange Amaral. She points out that the measure hurts constitutional issues and can put consumers in situations of embarrassment greater than it happens when the debtor.

What the Supreme Court did was to partially meet a resource SERASA and rid the company of sentences imposed by Justice of Mato Grosso do Sul in the trial of civil action, which challenged the actions of the consumer constraints caused by the company.

The entity also does not need to notify the debtor about information pertaining to notary protest bond and distribution court, even when you do not have the addresses of the defaulters.

DATABASES PUBLIC

For the STJ, these databases are public, which removes the obligation. Solange says he believes may appeal the decision because, "many decisions were contemplated Serasa and few consumer," he said.

The decision of the 4th Panel of the Court also establishes that the mere litigation debt is not sufficient to prevent or remove the negative of the debtor in databases. The court also ruled that it is not necessary to notify the consumer of registration in the register of debtors by registered letter with acknowledgment of receipt. Just sending correspondence.

Sub-coordinator of the Center for Consumer Protection of the Public Defender of Rio, Eduardo Chow says that aa STJ decision not privileged information.

Fines for poor service

In supervisory actions taken yesterday morning, Procon River fined 20 banks due to poor service to people with special needs and non-compliance with the waiting time in queue, required by law to a maximum of 15 minutes.

According to the director of surveillance Procon, Fábio Domingos, many complaints about irregularities. He explains that the penalty for delay in queue is $ 10,000, but for the absence of the number of seats due to preferential, the fine can reach $ 7 million.

Units were inspected in the Town Centre in Tijuca, in St. Kitts, Madureira and Copacabana, according to director Dominic.

CONSTRAINING

José Roberto Mesquita Farias, 41, works as a waiter in Lapa. Married for over 20 years and father of two children, he has a motivation: return to Hidrolândia, distant 251 km from Fortaleza, Ceará, to resume their business activities.

Your own business did leave the homeland. He had a grocery store, and sell on credit, just debt to suppliers. "The debts increased and links collectors were constant. It was very embarrassing, "he said. This happened more than four years, he said.

Farias explained that today's debts are paid. However, the moments of greatest conflict, including family, were collections of enterprises and banks. "It was the worst of that period. I hope I never go through it, "he said.

 

This article was translated by an automatic translation system, and was therefore not reviewed by people.

Important:
The JurisWay site does not interfere in the work provided by doctrine, why only reflect the opinions, ideas and concepts of their authors.


  Subjects list
 
  Copyright (c) 2006-2009. JurisWay - All rights reserved.