Post by account_disabled on Jan 31, 2024 9:01:49 GMT
Consumer protection as a fundamental right is not capable of shielding consumers from the effects of the supplier's judicial recovery process. With this understanding, the ministers of the 3rd Panel of the Superior Court of Justice recognized that the online seizure order decreed by a judge other than the one presiding over the financial restructuring process of a supplier business company violates the universal judgment of recovery.
Originally, when resolving a conflict of jurisdiction Buy Phone Number List between the districts of Niterói and the 7th Business Court of the capital, the Court of Justice of Rio de Janeiro understood that consumer protection rules justified the practice of restrictive acts by the court of Niterói, responsible for processing of compensation action filed by a consumer, even after the judicial recovery of the supplier has been granted by the holder of the business court. Express definition For the rapporteur of the appeal at the STJ, minister Villas Bôas Cueva, the Bankruptcy Law (Law 11.101/05) clearly provides which credits are not subject to judicial recovery.
The judge recalled that, despite the exemplary nature of the list of basic consumer rights provided for in the Consumer Protection Code (article 7), the Bankruptcy Law, a special and subsequent normative system, chose to perpetuate the omission of the consumer diploma, not complementing the list of guarantees aimed at consumers with exceptionalities related to the recovery process. Hypertrophy of preservation It was highlighted in the vote that the spirit of the Bankruptcy Law (teleological interpretation), in particular the maximum effectiveness of the devices informing recovery, reveals that the absence of privileges for consumers does not represent a legislative failure, but a premeditated and purposeful aimed at hypertrophy of the company's preservation.
Originally, when resolving a conflict of jurisdiction Buy Phone Number List between the districts of Niterói and the 7th Business Court of the capital, the Court of Justice of Rio de Janeiro understood that consumer protection rules justified the practice of restrictive acts by the court of Niterói, responsible for processing of compensation action filed by a consumer, even after the judicial recovery of the supplier has been granted by the holder of the business court. Express definition For the rapporteur of the appeal at the STJ, minister Villas Bôas Cueva, the Bankruptcy Law (Law 11.101/05) clearly provides which credits are not subject to judicial recovery.
The judge recalled that, despite the exemplary nature of the list of basic consumer rights provided for in the Consumer Protection Code (article 7), the Bankruptcy Law, a special and subsequent normative system, chose to perpetuate the omission of the consumer diploma, not complementing the list of guarantees aimed at consumers with exceptionalities related to the recovery process. Hypertrophy of preservation It was highlighted in the vote that the spirit of the Bankruptcy Law (teleological interpretation), in particular the maximum effectiveness of the devices informing recovery, reveals that the absence of privileges for consumers does not represent a legislative failure, but a premeditated and purposeful aimed at hypertrophy of the company's preservation.