Post by account_disabled on Jan 25, 2024 6:35:01 GMT
If there is a rule regarding a certain act and it is not complied with, there is no need to prove that there was an offense against human dignity in order to grant collective moral damage. This was understood by the 2nd Panel of the Superior Court of Justice when condemning a bank that failed to comply with the Aracaju (SE) law on the maximum waiting time in queues at bank branches. Bruno Spada According to the STJ, the collective moral damage in this case occurs due to the finding of systematic non-compliance with current legislation. Bruno Spada The regulations in force in the capital of Sergipe state that the maximum waiting time in bank queues is 15 minutes on normal days and 30 minutes on the eve of public holidays and pay days for public servants.
The case reached the STJ after the Buy Phone Number List Federal Regional Court of the 5th Region understood that the moral damage to the population had not been proven, but only the failure to comply with the waiting time in the queues. For the court, there was no justification for paying compensation for collective moral damages. The case's rapporteur, Minister Herman Benjamin, stated that the TRF-5 ruling contradicts the STJ's understanding, as there is no need to question whether or not non-compliance with the rule caused damage to human dignity. He further explained that there was “recalcitrance” on the part of the banking institution in complying with the determination, violating article 6 of the Consumer Protection Code.
“In the case's hypothesis, social unrest, resulting from excessive delays in serving consumers of banking services, is so evident, relevant and intolerable in the affected municipality that a municipal decree was issued in an attempt to compel banking institutions to respect a reasonable deadline for this. service,” he argued. For the minister, collective moral damage in this case does not occur due to proof of pain, suffering or psychological distress, but rather due to the finding of systematic non-compliance with current legislation. “In truth, collective extra-patrimonial damage does not require proof of pain, suffering and psychological distress, susceptible to assessment at the individual level, but inapplicable to diffuse and collective interests”, he concluded. With the decision, the court of origin must establish the value of the sentence to be paid for collective moral damages resulting from non-compliance.
The case reached the STJ after the Buy Phone Number List Federal Regional Court of the 5th Region understood that the moral damage to the population had not been proven, but only the failure to comply with the waiting time in the queues. For the court, there was no justification for paying compensation for collective moral damages. The case's rapporteur, Minister Herman Benjamin, stated that the TRF-5 ruling contradicts the STJ's understanding, as there is no need to question whether or not non-compliance with the rule caused damage to human dignity. He further explained that there was “recalcitrance” on the part of the banking institution in complying with the determination, violating article 6 of the Consumer Protection Code.
“In the case's hypothesis, social unrest, resulting from excessive delays in serving consumers of banking services, is so evident, relevant and intolerable in the affected municipality that a municipal decree was issued in an attempt to compel banking institutions to respect a reasonable deadline for this. service,” he argued. For the minister, collective moral damage in this case does not occur due to proof of pain, suffering or psychological distress, but rather due to the finding of systematic non-compliance with current legislation. “In truth, collective extra-patrimonial damage does not require proof of pain, suffering and psychological distress, susceptible to assessment at the individual level, but inapplicable to diffuse and collective interests”, he concluded. With the decision, the court of origin must establish the value of the sentence to be paid for collective moral damages resulting from non-compliance.