Consumer News

Consumer has 90 days after the finding of addiction precautionary action to obtain redress

11.24.2015

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In a unanimous decision, the Third Chamber of the Superior Court of Justice (STJ) recognized the loss of the right of a consumer to seek compensation for damage to property due to the acquisition of a faulty tile floor. According to the college, the consumer would have 90 days from the final judgment of sentence decided injunction for evidence to discuss the repair of addiction.

If, after the floor installation, consumers noted stains and flaws in the glow of porcelain and reported the defect to the responsible company. As no action was taken, he decided to move the lawsuit.

The ruling, which became final on April 2002, ordered the company to pay a little over R $ 19,000 to the consumer, an amount equal to the total cost for the replacement of the floor. On appeal, however, the sentence was reformed because the judgment recognized the statute of expiry of the period provided for in Article 26, item II and paragraph 3 of Law n. 8.078 / 90.

Forcible recognition

According to the device, in the case of latent defects of durable goods, the statute of limitations is 90 days from the time when the defect is evidenced.

In the STJ, the rapporteur, Minister João Otávio de Noronha, adopted as the initial term of the limitation period the res judicata of the judgment rendered in the records of preparatory preventive production of evidence, which recognized the addiction of the product. As the action was not filed one year after the judgment, in April 2003, the rapporteur considered "forcible recognition that the applicant's right was affected by decay."

Source: STJ

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