Clipping of news on Brazilian Culture, Law and Citizenship
01.29.2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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To the High Court of Justice (STJ), the "Consumer Protection Code (CDC) does not apply to the legal relationship between closed private pension entity and its participants, due to the inadequacy of the pension fund in the consumerist concept supplier and before mutualism and cooperative governing the relationship between the parties ".
This means that the implementation of CDC is restricted to cases involving open private pension entities. According understanding signed by the Second Section, although the open and closed private pension entities engaged in economic activity, only the open operate under market rules, in order to make a profit.
In another judgment, signed by the Third Chamber, the collegiate explained that the legal relationship maintained between the closed entities and their participants, the assets of the entity and the proceeds revert to the full maintenance grant and payment of benefits. Thus, the association prevails and mutualism, which removes the legal concept provider in relation to the pension fund.
The thesis, which is already pacified understanding the Superior Court of Justice (STJ), can be given in 39 judgments of the court, as provided on page Ready Search, which allows quick access to the Supreme Court's jurisprudence.
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Ready research
The tool provides online 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.
Every week, new issues are launched. To access the most current, click Recent Affairs.
Source: STJ
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This article was translated by an automatic translation system, and was therefore not reviewed by people.