Clipping of news on Brazilian Culture, Law and Citizenship
01.14.2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The loyalty clause in the contract phone (mobile and fixed) is considered legal by the Superior Court of Justice (STJ) when there is provision of customer benefits, such as paying lower rates, bonuses and provision of equipment. The court considers that in these situations, there is need to ensure operators a period to recover the investment made because of promotions.
The jurisprudence of the Supreme Court on this issue is meeting the search Ready, tool available on the court's website to facilitate the search for those who want to know the understanding of the Court in similar cases. Through research on the topic "Analysis of legitimacy / legality of the loyalty clause telephony contract", you can access 11 judgments, decisions made by a collegiate court ministers.
"It is firm case law from the Supreme Court that called loyalty clause telephony contract is legitimate to the extent that it is a condition that is the discretion, (free will) of the subscriber, which receives benefits such loyalty and to be a need to ensure the telephone companies a period to recover the investment with the granting of lower tariffs, bonuses, provision of equipment and other promotions, "pointed out the decision of a case (REsp 1,445,560).
This situation does not fall into abusive practice "does not characterize the practice prohibited by art. 39, inc. I, the CDC, the term prediction minimum stay ("loyalty") in mobile phone contract and "lending" as long as, on the other hand, there is the provision of effective benefits to consumers, "according to understanding of the STJ under review special feature (REsp 1,097,582).
Article 39, paragraph, of the Consumer Protection Code (Law 8078/90) states that it is forbidden to the supplier of products or services, among other abuses, condition the supply of product or service the supply of another product or service and without just cause, the quantitative limits.
Ready research
The tool provides consultations readily available research on relevant legal topics as well as the judgments of trial of notorious cases.
Although the search criteria are predefined, the search for documents is made in real time, which enables the results supplied are always updated.
The Ready Search is permanently available on the website of the Supreme Court. Just log Jurisprudence> Search Ready, on the homepage of the site from the main navigation menu.
Source: STJ
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This article was translated by an automatic translation system, and was therefore not reviewed by people.