Clipping of news on Brazilian Culture, Law and Citizenship
02.03.2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The Third Chamber of the Superior Court of Justice (STJ) decided by majority decision to keep collegiate second instance (TJ-MG) that forced credit card companies to provide a free service channel to its customers. In addition to maintaining the decision, the court extended the effects to the whole country due to the collective interest.
By extending the decision to the whole country, the court found the consumerist nature of demand, and the very factual impossibility to limit the effectiveness of the judgment to consumers residing in one state of the federation. Another argument used by judges is that the issue involves diffuse and collective interests, so the decision goes throughout the national territory.
Unilateral change
The action proposed by the Movement of Housewives and Minas Gerais Consumers in 2002, claimed that credit card companies have promoted a unilateral modification of the contract to extinguish the consumer care services through 0800, going to meet by numbers paid, such as 4001 or 4004.
During the course of the action, the federal government issued in 2008 Decree n. 6523, establishing rules for the provision of Customer Service (SAC) and including a requirement for a free service channel with customers.
Lawyers for the banks argued that the decree of the issue became the subject of non-existent action, and thus would not be possible to analyze the merits. The defense of Visa and Mastercard companies, in turn, claimed that both just lend his name to card operators, may not be included as defendant in the action, since the responsibility for maintaining a SAC would be the credit card companies.
Joint and several liability
Both arguments were rejected by the Third Class. The rapporteur of the REsp Minister Paul of Tarsus Sanseverino, said the "issue of Decree n. 6.523 / 08 (known as the "Customer Service Law") does not automatically gave rise to the satisfaction of the author's claim, persisting interest to act in the case. " The minister also stated that the companies that provide their brands (the card brands) jointly liable with the credit card companies in this case. According to the magistrate, there are precedents in the Supreme Court confirming the absence of passive illegitimacy.
The minister recalled that the impression of a 0800 on the back of cards issued to customers generated an expectation of free service, providing contractual evidence between companies and customers.
The vote of the rapporteur, accompanied by ministers Joao Otavio de Noronha and Marcus Aurelius Bellizze maintained the judgment of the Court of Minas Gerais, forcing companies to provide the free service (currently standardized in 0800) to customers. Special features were lacking.
The minister Villas Boas Cueva differed from the others and understand that the process should be terminated, since the decree establishes the need for a free channel between operators and customers. For him, the decision means "imposing an obligation that is already in the law."
Source: STJ
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This article was translated by an automatic translation system, and was therefore not reviewed by people.