Post by account_disabled on Mar 6, 2024 20:11:07 GMT -8
The decision is from the st Reserved Chamber of Business Law of the TJSP. The rapporteur judge Enio Santarelli Zuliani explained that “freedom of expression and the right to inform are not absolute as they must be used responsibly with the necessary care to avoid damage to the image of third parties to the extent that that the opinion that exceeds the criticism carried out with reasonability begins to characterize an abuse of rights equivalent to an illicit act in accordance with the provisions of article of the Civil Code”.
For the rapporteur the client via the internet pressured the BTC Number Data bank to pay compensation which at least for now cannot be said to be due as the case is under analysis by the Courts. The right of those who feel their rights to take the necessary measures to resolve the impasse cannot be discussed. It cannot be accepted however that people use the world wide web to commit offenses against those who whatever said the judge.
After becoming aware of the creation of the page Santander extrajudicially asked the client to remove the website. When it was not responded to the bank took legal action alleging that the website contained offensive information related to the bank and that it promoted the misuse of its brand. He also stated that the client was publishing false and distorted information on the internet about the insurance he had taken out basing his complaints on the bank's refusal to pay insurance compensation supposedly owed to his children and the impasse was being resolved through a demand own judicial system.
In analyzing the anticipation of the protection requested by the bank the Court ordered the customer to refrain from using the expression Santander on the website under penalty of a fine of R$
After the decision the client changed the website addrestained the content. The Court understood that such an act still failed to comply with the decision and therefore blocked the amount of the fine in the customer's bank account.
The consumer appealed against the blockade and asked for the decision to be revoked claiming that he acted in defense of the honor of his children and “countless defenseless people who are victims of the financial market”. He also argued about the right to freedom of expression and rejected the thesis of abuse.
For the rapporteur the client via the internet pressured the BTC Number Data bank to pay compensation which at least for now cannot be said to be due as the case is under analysis by the Courts. The right of those who feel their rights to take the necessary measures to resolve the impasse cannot be discussed. It cannot be accepted however that people use the world wide web to commit offenses against those who whatever said the judge.
After becoming aware of the creation of the page Santander extrajudicially asked the client to remove the website. When it was not responded to the bank took legal action alleging that the website contained offensive information related to the bank and that it promoted the misuse of its brand. He also stated that the client was publishing false and distorted information on the internet about the insurance he had taken out basing his complaints on the bank's refusal to pay insurance compensation supposedly owed to his children and the impasse was being resolved through a demand own judicial system.
In analyzing the anticipation of the protection requested by the bank the Court ordered the customer to refrain from using the expression Santander on the website under penalty of a fine of R$
After the decision the client changed the website addrestained the content. The Court understood that such an act still failed to comply with the decision and therefore blocked the amount of the fine in the customer's bank account.
The consumer appealed against the blockade and asked for the decision to be revoked claiming that he acted in defense of the honor of his children and “countless defenseless people who are victims of the financial market”. He also argued about the right to freedom of expression and rejected the thesis of abuse.