The decision of a judge in the interior of São Paulo surprised everyone involved in the case of a lawsuit moral damages involving the company PagSeguro. Judge Cassia de Abreu, from the 3rd Civil Court of Birigui, in the interior of São Paulo, determined that PagSeguro must pay 2 reais for an unduly negative man.
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In the action, the client stated that he had been negative for a debt of R$880.56, due in August 2022. However, this debt was not made by him, and was protested in the wrong way. As compensation, the consumer requested payment of R$15,000 for moral damages.
On the other hand, PagSeguro stated that there was a credit card linked to the consumer in question, with an outstanding debt of R$778.10. Some card installments had been previously paid.
During the speech, the judge stated that “in the case of a consumer relationship, it would be up to the defendant to demonstrate the regular hiring of the personal loan. He did not do so, the version presented by the author in the initial prevailing”. The request was partially accepted, with the decision being signed on October 25th.
However, the judge considered the amount of 15 thousand reais requested by the consumer “excessive”, in addition to being “dissociated from the nature of the damage experienced”. Thus, the amount to be paid by the company was set at R$2. PagSeguro must also pay the client's procedural expenses and legal fees, set at one thousand reais.
In the decision, the judge stated that:
In this context, it is necessary to recognize the unenforceability of the debt charged as well as the inclusion of the author's name in the credit protection records. There is no doubt that the negative name of the applicant caused her moral damage, due to the credit impact. Taking into account the quality of the parties and the extent of the damage, I set the compensation amount at two reais. The intended value is excessive and dissociated from the nature of the damage experienced.
After the judge's decision was released, it was discovered that there was an error in the material released by the court's decision. In this way, the judge corrected his decision and found the correct value. In other words, instead of R$2, PagSeguro must pay R$2,000 to the consumer.
“Thus, in the reasoning and in the provision of the sentence where it says “two reais” read two thousand reais. Furthermore, the sentence remains as it was. Publish yourself, rectifying yourself. Int.”, stated the appeal released later.
