Post by messi05 on Jan 24, 2024 2:55:32 GMT -5
Lack of relationship with banking institutions. Legal personality of companies that represent an obstacle to paying the debt. Hypothesis of disregard of legal personality. Article 28, paragraph 5 of the Consumer Protection Code. Appeal partially granted. (TJ-SP
Rel. Sá Moreira de Oliveira, 23rd Chamber of Private Law, DJ: 03/08/2013) [4] According to Cláudia Lima Marques and Bruno Miragem, “this is a new dimension or generation of fundamental rights, the right to positive action, the right to benefits from the judicial State, the legislative State and the executive State”. MARQUES, Claudia Lima; MIRAGE, Bruno. The new private law and the protection of the vulnerable.
São Paulo: RT, 2012, p. 149. [5] Thus, in our Buy Phone Number List opinion, art. 1062 of the new CPC/15, which orders the application of the incident of disregard of legal personality to the process under the jurisdiction of special courts, can only be applied to processes that are not consumer relations. [6] Regarding the principle of non-regression in consumer rights, Oscar Ivan Prux masterfully teaches us that “at this juncture, then, it is fundamental that the transformation of consumer rights as a way of adapting to the reality of this century, is not unsystematic, but integrated by standards that harmonize and advance the civilizing process in the country.
And, above all, that these new standards to govern consumer relations comply with the principle of no regression, (it is unacceptable to lose the achievements obtained in these 25 years of validity of the Consumer Protection Code), which is also part of the legal security configured in the values already incorporated into Brazilian society.” PRUX, Oscar Ivan. 25 years of the Consumer Protection and Defense Code, its history and new perspectives for the 21st century. Consumer Law Magazine. The author's requests. This vicious cycle leads to the filing of hundreds of thousands of lawsuits that overwhelm the Judiciary." As a solution, Luiz Souza proposes that the Judiciary begin applying maximum consumer protection, setting minimum compensation even in cases considered to be mere unpleasantness.
Rel. Sá Moreira de Oliveira, 23rd Chamber of Private Law, DJ: 03/08/2013) [4] According to Cláudia Lima Marques and Bruno Miragem, “this is a new dimension or generation of fundamental rights, the right to positive action, the right to benefits from the judicial State, the legislative State and the executive State”. MARQUES, Claudia Lima; MIRAGE, Bruno. The new private law and the protection of the vulnerable.
São Paulo: RT, 2012, p. 149. [5] Thus, in our Buy Phone Number List opinion, art. 1062 of the new CPC/15, which orders the application of the incident of disregard of legal personality to the process under the jurisdiction of special courts, can only be applied to processes that are not consumer relations. [6] Regarding the principle of non-regression in consumer rights, Oscar Ivan Prux masterfully teaches us that “at this juncture, then, it is fundamental that the transformation of consumer rights as a way of adapting to the reality of this century, is not unsystematic, but integrated by standards that harmonize and advance the civilizing process in the country.
And, above all, that these new standards to govern consumer relations comply with the principle of no regression, (it is unacceptable to lose the achievements obtained in these 25 years of validity of the Consumer Protection Code), which is also part of the legal security configured in the values already incorporated into Brazilian society.” PRUX, Oscar Ivan. 25 years of the Consumer Protection and Defense Code, its history and new perspectives for the 21st century. Consumer Law Magazine. The author's requests. This vicious cycle leads to the filing of hundreds of thousands of lawsuits that overwhelm the Judiciary." As a solution, Luiz Souza proposes that the Judiciary begin applying maximum consumer protection, setting minimum compensation even in cases considered to be mere unpleasantness.
