Clipping of news on Brazilian Culture, Law and Citizenship
09/30/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The 1st TJ Civil Chamber set at R$ 25,000 compensation for moral and aesthetic damage that a cosmetic company must pay in favor of consumer. According to the file, the woman got a cream to soften the skin signs of aging, but suffered wounds and burns after applying it for three days in the face.
The author claims that misfortune happened just the week of his daughter engagement, so he had to attend the family celebration with their aesthetic and shattered self-esteem. He also pointed out that had to undergo various beauty treatments to soften the injuries sustained.
On appeal, the company argued inexistent evidence that was cosmetic that caused the injury. However, as pointed out Judge substitute Gerson Cherem II, rapporteur of the matter, expert report issued by dermatologist confirms that the irritative reactions suffered by the plaintiff were caused by the use of the product of the defendant company.
"Although the defendant wishes to shirk responsibility based on breach of etiological nexus, it appears that left ample evidence that the injuries the author face thereby made use of the product marketed by the company," concluded the judge.
The camera, unanimously concluded that the value arbitrated as compensation for moral and aesthetic damage proved excessive, and promoted adequacy of R$ 150 thousand to R$ 25,000 (Appeal n. 0004964-62.2006.8.24.0008 ).
Source: TJSC
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This article was translated by an automatic translation system, and was therefore not reviewed by people.