Clipping of news on Brazilian Culture, Law and Citizenship
09/14/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The 2nd Civil Chamber of TJ set at R$ 10,000 in compensation for damages payable by a distributor of Joinville drinks to two customers who found a foreign body inside the can of soda after consumption. The authors claimed that the foreign body from the container was like a frog, which could be poisonous and cause damage to health. They stated further that the distributor took the can and never gave satisfaction on the case.
In his defense, the company argues that there is no evidence that drinking caused discomfort to the authors. However, the very defendant reported in laboratory tests that the food was contaminated. The judge Sebastião César Evangelista, rapporteur of the matter, said that the company has committed a serious failure in care food product hygiene, therefore should be liable for damages caused to its customers.
"Sets tort and generates the duty to indemnify if the author, after effectively consume the purchased product, verifies that is contaminated or otherwise inappropriate for consumption, to cause you the feeling of revulsion, disgust and discomfort" He concluded the judge. The decision was unanimous (Appeal n. 0047205-19.2010.8.24.0038).
Source: TJSC
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This article was translated by an automatic translation system, and was therefore not reviewed by people.