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Consumer is convicted of abuse of the right to claim

08.25.2015

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

 

 

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With this understanding, the 6th Civil class of TJ / DF confirmed judgment against a consumer to pay damages to furniture company, for misuse of the right to complain.

The customer purchased two armchairs showcase and received at home by subscribing to the receiving end with no qualification. Then he realized that one of them was torn. The company said that the damage occurred during the transportation of the furniture and set out to tailor the chair or provide a new one with payment of the difference. 

Dissatisfied, the consumer argued the case on the site Complain Here and Facebook, the company said, distorting the reality of the facts and tarnishing its image. The defendant made the following comments: "Store owners should not even know that deal with malicious managers and questionable character"; "all of us who use the Claim of the site here, and we seek the name of the store, know the unwillingness and lack of commitment that you have to solve a customer's problem"; "thing of fifth grade shop"; "service sucks, both by directors, store managers, and by site and by anywhere we try to contact"; "that store, managers are super lost, and malicious directors because squeegees must earn money to politicians who mobíliam their homes, and are not interested to pay expensive or if the furniture is in perfect condition." 

Understanding that customer overstepped their right to complain, the trial court sentenced to pay compensation of R$ 10,000 for moral damages. 

By keeping the decision, the rapporteur, Judge Hector Valverde Santanna, considered that "excessive language publications on social networks and sites of overflows consumer complaints the mere exposure of thought to become offense to objective honor, regardless of whether treat yourself legal person, widely circulated on the internet, with the intention confessed to compel her to accomplish his will, set moral damage ". 

The magistrate, however, reduced the amount of compensation to R$ 2000. 

Procedure: 0045083-79.2014.807.0001 

Check out the menu of the decision: 

CIVIL. CONSUMER. LEGAL PERSON. MORAL DAMAGE. HONOR STRICT. INFRINGEMENT. PUBLICATION IN SOCIAL NETWORK AND CONSUMER COMPLAINTS SITE. 

"The legal person can suffer moral damages," the summary 227 of the Superior Court of Justice. And it could not be otherwise, legal entities are subject to its objective honor, which is the belief that other people have it without that become known to measure subjective elements inherent in the human person.

The moral damage is deprivation or injury of personality rights, whether direct equity rebound, disregarding the discomfort mere, unpleasantness or daily vicissitude., And the sanction is the imposition of a compensation whose value is fixed judicially in order to compensate the victim, the offender and prevent punish such incidents that cause legal uncertainty. 

Excess language publications in social networks and consumer complaints sites overflows the mere exposure of thought to become offense to objective honor, regardless of whether it is-legal person, widely circulated on the internet, with the intention confessed to compeli- her to carry out his will, set moral damage. 

The quantum, which shall observe the following purposes: compensatory, punitive and preventive in addition to the extent of the agent's fault, the economic potential and personal characteristics of the parties, the impact of fact in the social environment and the nature of the right violated, compliance with the criteria of fairness, proportionality and reasonableness. 

While disclosure of a complaint on the Internet have a scope that may not need the size, the companies placing products and services in the market are naturally subject to criticism and complaints. What is not admitted, and that effectively set up illicit, it is over-fit the language unduly offending the reputation of the corporation significantly.

One should not lose sight of the asymmetry of the legal relationship fought between supplier and a disadvantage consumers, and, regardless of whether excessive conduct of the defendant, the rules of experience, we conclude that the store could have given way different to what happened through the detailed explanation and careful the condition of furniture sold, the attention at the time of delivery, and even the courtesy and distinction that is expected of a store that sells products of this pattern.

Feature of known and partially granted defendant; feature of known and devoid author. 

(Judgment n.882487, 20140111789662APC, Rapporteur: HECTOR VALVERDE SANTANNA, 6th Civil Class, Judgment date: 07/15/2015, published in the DJE:. .: 07/28/2015 Page 251)

 

Source: Idec

To access the IDEC website, click here.

 

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

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