Any saver who suffered losses because of the so-called inflationary purges of the Plano Verão in January has the legitimacy to execute the sentence obtained in a public civil action filed by a consumer protection entity regardless of whether he or she is associated with it. This is the conclusion of Minister Raul Araújo's vote in a trial that began this Wednesday by the nd Section of the Superior Court of Justice which discusses the issue. Gustavo LimaSTJ For Raul Araújo in public civil actions entities are procedural substitutes.
Gustavo LimaSTJ He is the rapporteur of two repetitive Germany Phone Number appeals that discuss the active and passive legitimacy regarding the reimbursement of the difference between the correction of savings and the official inflation index that occurred in the Plano Verão. After the presentation of the rapporteur's vote in favor of savers the judgment was suspended upon request from minister Villas Bôas Cueva. There is no date for the trial to resume. The banks argued that only those who were associated at the time the action was filed would have active legitimacy for the execution.
The rapporteur's vote was in the same direction as the opinion of the Federal Public Ministry for which in cases of public civil action the entity acts as a procedural substitute and eventual sentences generate effects for society and not just for members. Lawyers Luiz Fernando Casagrande Pereira and Estevan Pegoraro gave oral arguments at the trial defending the savers. For them if the banks' thesis prospers in the STJ there will be a reduction in the number of beneficiaries of collective actions. The decision would represent a surprising turn of jurisprudence against savers on the issue of economic plans they state.
发表于 2024-3-12 14:34:01
