OAB of Rio de Janeiro visits forums against the “mere annoyance” thesis
Members of the Consumer Protection Committee of the Rio de Janeiro section of the Brazilian Bar Association released the campaign Mere annoyance has value this Tuesday in the Central, Barra da Tijuca and Nova Iguaçu forums. The campaign is from the Federal Council and argues that, even though many court decisions understand that the damage or loss caused to the consumer is nothing more than "mere annoyance", this annoyance is also damage, loss and, yes, it has value.The objective is to report and propose a more in-depth Iran Telegram Number Data reflection on the problem, expand the discussion of the subject with the legal profession and the Judiciary and demonstrate the real impacts of this understanding on the consumer society. The OAB-RJ has already requested the cancellation of Summary 75 of the Rio de Janeiro Court of Justice. The statement establishes that "simple failure to comply with a legal or contractual duty, as it constitutes mere annoyance, in principle, does not constitute moral damage, unless the infraction arises from a circumstance that undermines the dignity of the party".
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For the Attorney General's Office, the court's understanding contradicts precedents from the Superior Court of Justice that apply the theory of consumer productive diversion. Several judgments recognize moral damages for the time the customer wastes solving problems generated by bad suppliers. Financial management is more elaborate because the payment methods used are also used. Credit and debit cards and store cards with a credit component coexist with salary accounts personal loans housing loans and car loans. And credit starts to be used both to buy a house and to pay for healthcare food and leisure.
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