Clipping of news on Brazilian Culture, Law and Citizenship
16/10/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Shop TIM : operator was fined R$ 5 million Photo : Jorge William / Jorge William/3-8-2012
RIO - The Court of Justice of São Paulo ( TJ - SP ) condemned the phone carrier TIM to pay compensation of R$ 5 million in damages to the community . The decision punish the company for having practiced false advertising plan that had broken links . Repairing the damage will be distributed among the social Santa Casa de Jales , which will be R $ 3.5 million, and the Cancer Hospital of the municipality ( R$ 1.5 million ) . The decision , Judge Fernando Antonio de Lima Special Civil Court and Criminal Jales , is the result of the trial of a lawsuit filed by a consumer against the company . The ruling also states that women receive compensation for R$ 6000 . Appeal the decision .
According to a statement from the TJ - SP , the client had hired a pre - paid cell phone at a cost of R$ 0.25 for each call to other operator numbers . According to the inspection report of the National Telecommunications Agency ( Anatel ) , it was found that the company used to constant interruptions and forced consumers to make more connections and spend more tariffs, which did not occur when the call was to another carrier . Evidence exists that some calls lasted only five , eight and ten seconds.
The judge said in his decision that " the publicity about the plan is false , induces the consumer to error , omitted on the quality and price of the service ." According to Lima , the consumer ends up paying several fees of R $ 0.25 , when you want to catch a conversation , because instead of paying one fare, " is forced to redo several times , binding , and thus end up spending more than the value of a tariff ."
The Judge held further that " judicial decisions must be effective , that social conflicts cease , especially those that touch the entire community . For those sports capital of nearly R$ 10 billion compensation less than R$ 5 million would allow the judiciary to get to his knees to the great economic capital , as the reign of judicial decisions was the tenement of decrepitude and laxity in discrediting the legitimate interest and right of the population . "
Sought, Tim said the company " learned of the decision and will join with reasonable resources " to reverse the verdict , " not before the legal provision of condemnation on social harm in the Brazilian legal system . " Tim also said that it has received the final report of the FCC showing the absence of any hint of fall purposeful call customer Infinity plan . " That knocks unreported claims and finally confirms the facts that the company has always maintained and demonstrated with transparency and cooperation with the agency ."
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This article was translated by an automatic translation system, and was therefore not reviewed by people.