Clipping of news on Brazilian Culture, Law and Citizenship
01.22.2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The consumer has the right to return double the amount improperly charged only prove the bad faith of the author's collection. This is the interpretation of the High Court of Justice (STJ) to hear cases involving the application of Article 42 of the Consumer Protection Code (CDC) that provides this collection, plus interest and monetary adjustment.
Recent court decisions on this issue were provided by search Ready, online tool from the Supreme Court set up to facilitate the work of those who want to know the minds of ministers in similar trials.
The theme analysis of the presence of the subjective element - fraud, negligence or bad faith - to return in double of amounts charged unduly in consumer relations própriocontém 313 judgments, decisions already taken by a collegiate court ministers.
One of the judgments points out that the Supreme Court has settled case law to the effect that the return is limited to the amount charged unduly because the refund double the amount possibly paid more for consumer is possible only when shown the lender's bad faith.
In another decision, the ministers claim that simply sending a cell phone or electronic means of misappropriation when not configured bad faith of the lender and no double payment by the consumer, "does not require the sender any obligation material compensation".
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.