In Brazil, the Private Law Section of the São Paulo Court of Justice (Tribunal de Justiça de São Paulo/TJ-SP) has approved six new statements to address a number of relevant issues that were judged there – such as the occurrence of moral damage in the extrajudicial collection of prescribed debt and the right to recourse in the case of theft of cargo during land transport.
The statements also cover fraud involving financial institutions, such as the false bill, the messenger and through the PIX. At the beginning of the month, the Private Law Section had already released ten en unciations that pacify the competence to judge certain matters among its three Sub-Sections (Private Law I, II and III).
The six new statements were published in the Diário da Justiça Eletrônico on October 17, 2022. According to the Section president, judge Beretta da Silveira, the statements take into account “the relevance of judicial precedents for the promotion of legal security and stability – in a prompt way – within public justice.”
Read the six new statements below:
Statement 11: “Extrajudicial collection of prescribed debt is illegal. Its registration on the ‘Serasa Limpa Nome’ platform or on platforms of the same nature do not, in themselves, characterize moral damage, unless proven disclosure to third parties or change in the credit scoring system: score.”
Statement 12: “In the event of fraud by payment of a false bank slip to a recipient other than the legitimate beneficiary, compensation is only applicable with proof that the injured party has been led to the fraudster by an agent or through bank service channels, that is, when result of an internal fortuitous event, and possible characterization of moral damage in each specific case must be assessed.”
Statement 13: “In the motoboy scam, in the event of an internal act, the financial institution is responsible for compensation for material damages when there is evidence of failure to provide services or in security, as well as disrespect to the account holder's profile; precedents 297 and 479, as well as the thesis on the repetitive topic 466, all from the STJ, are applicable. The financial institution will be responsible for moral damages when violation of subjective or immaterial rights is proven.”
Statement 14: “When using PIX, if there is an offense or fraud committed by third parties, in the event of an internal act, the financial institution is responsible for compensation for material and moral damages when there is evidence of failure to provide services or in security, as well as disrespect to the account holder's profile; precedents 297 and 479, as well as the thesis on the repetitive topic 466, all from the STJ, are applicable.”
Statement 15: “In the theft of land transport cargo, the right of recourse is applicable, if the factual circumstances so authorize it, even if there is a waiver clause by the insurer in cases where there has been risk aggravation or fault of the carrier.”
Statement 16: “It is possible to assign credit rights that are inherent to the canceled consortium quota, regardless of consent by the administrator, admitting that a lawsuit may be filed for annotation and registration, in order to avoid undue payment, upon proof of assignment, and provided that there is refusal or omission in the face of a prior extrajudicial request.”
Source: Conjur.