The Court ordered the immediate suspension of payroll deductible credit discounts made on the death pension benefit of a resident of Campo Largo (PR).
Two financial institutions, banks Daycoval and C6, were ordered to reimburse the amounts that were deducted. The verdict was handed down by federal judge Augusto César Pansini Gonçalves, from the 6th Federal Court of Curitiba.
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The author of the action, a pensioner from National Social Security Institute (INSS), alleges that she did not request loans from these banks and that she did not sign any document authorizing these loans that were credited to her account at Caixa Econômica.
She also argues that she did not authorize Caixa to share her banking details with other banks. Faced with these allegations, the victim sought a refund of double the deducted amounts and compensation for moral damages.
Federal judge Augusto César Pansini Gonçalves, when analyzing the case, emphasized that the return of values should not be doubled, even in the face of expert proof of falsification of signatures.
However, the judge guaranteed the right to compensation for moral damages to the author of the action, considering that the undue discounts caused her inconvenience that can be presumed.
The judge highlighted the situation of the pensioner, who receives not so high income, making plausible the conjecture that people under these conditions are more susceptible to situations that active and better-paid individuals may consider as mere hassles.
In this way, the pensioner will receive R$10,000 as compensation for moral damages, R$5,000 for each financial institution.
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