Post by account_disabled on Mar 11, 2024 3:06:13 GMT -6
Economic-social class would have the paradoxical. Harmful and unfair effect of obstructing the effectiveness of jurisdiction, inexorably affecting the material rights of this portion of the population, whose State Body seeks precisely to provide assistance. In this context, it is worth bringing to bear the following precedent from the Honorable Superior Court of Justice: SPECIALIST LINKED TO THE STATE PUBLIC DEFENSE OFFICE. I – NUDECON, a specialized body, linked to the Public Defender's Office of the State of Rio de Janeiro, has active legitimacy to propose public civil action aiming to defend the interests of the community of consumers who entered into leasing contracts for the purchase of motor vehicles, with a monetary indexation clause linked to exchange rate variation.
With regard to the defense of consumer interests through collective actions, the intention of the national legislator was to expand the field of active legitimation, as can be seen from article and sections Phone Number List of the CDC, as well as article , section , of the Federal Constitution, by expressly providing that it is the responsibility of the “State to promote, in accordance with the law, consumer protection. – Recognizing the social relevance, even though these are essentially individual rights, society's interest in the collective solution of the dispute is seen, whether as a way of complying with judicial policies in order to provide full consumer defense, with the consequent facilitation of access to Justice, whether to guarantee legal certainty on an extremely relevant topic, avoiding the existence of conflicting decisions. Special feature provided.
Third Panel, Minister CASTRO FILHO, judged on I emphasize that small savers, and here I would venture to say that they are the majority of beneficiaries of this collective action, could not be harmed by the allegation of lack of representativeness of the Public Defender's Office, if not more, as already said, by the paradox that the acceptance of such a thesis. Even more serious, the collective path would be denatured if the mandatory identification of each consumer and the individual analysis of their financial condition were present. It would be the denial of validity to the Consumer Code itself, the denial of validity, in particular, to the rules that give life to collective action, and, above all, the disrespect for the constitutional principles already discussed above, with emphasis on broad access to the Judiciary.
With regard to the defense of consumer interests through collective actions, the intention of the national legislator was to expand the field of active legitimation, as can be seen from article and sections Phone Number List of the CDC, as well as article , section , of the Federal Constitution, by expressly providing that it is the responsibility of the “State to promote, in accordance with the law, consumer protection. – Recognizing the social relevance, even though these are essentially individual rights, society's interest in the collective solution of the dispute is seen, whether as a way of complying with judicial policies in order to provide full consumer defense, with the consequent facilitation of access to Justice, whether to guarantee legal certainty on an extremely relevant topic, avoiding the existence of conflicting decisions. Special feature provided.
Third Panel, Minister CASTRO FILHO, judged on I emphasize that small savers, and here I would venture to say that they are the majority of beneficiaries of this collective action, could not be harmed by the allegation of lack of representativeness of the Public Defender's Office, if not more, as already said, by the paradox that the acceptance of such a thesis. Even more serious, the collective path would be denatured if the mandatory identification of each consumer and the individual analysis of their financial condition were present. It would be the denial of validity to the Consumer Code itself, the denial of validity, in particular, to the rules that give life to collective action, and, above all, the disrespect for the constitutional principles already discussed above, with emphasis on broad access to the Judiciary.