Clipping of news on Brazilian Culture, Law and Citizenship
07/06/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The 2nd Court of Porto District Ferreira sentenced a bank to repay R$ 28,111.80 to a client and to compensate it for damages arbitrated at R$ 150,000. The institution was also convicted of litigation in bad faith and therefore fined 10% of the question and sentenced to pay compensation equivalent to 10 minimum wages.
The customer said values that should have been invested were diverted from their account by the branch manager. The bank, in turn, claimed that the security procedures could not have been circumvented and that there is no evidence that there were irregularities.
According to Judge Gustavo Castro Campos, several similar cases occurred in the same agency and all the victims showed the manager in charge. In addition, according to the magistrate, it would require the financial institution to clarify the location, time, and if the suspicious transaction was made through ATM withdrawal or by employee. "The system in question is not infallible, nor proof of fraud, how you want to believe the defendant bank," he said.
The judge also pointed out that the most serious fact is that the bank has hired law firm to the institution of police investigation in order to ascertain the facts days before the customer has filed the action. "It remains evident that the fact reported, far from fanciful creation of the author, as does believe the defendant in this civil action was internal knowledge. What inquire me is the large companies reason insist on deceiving the judiciary in their claims. Would it not right to recognize the error committed by the employee and propose an agreement? Or even establish a SAC that really works? "She asked the judge.
Case No. 0004353-40.2014.8.26.0472
Appeal the decision.
Source: TJSP
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This article was translated by an automatic translation system, and was therefore not reviewed by people.