Post by xyz3000 on Feb 12, 2024 2:28:51 GMT -5
Cellular companies continue to be prevented from demanding a minimum contract period with their customers. The understanding comes from the president of the Superior Court of Justice, minister Edson Vidigal. The minister denied a request from the company CTBC Celular that intended to revoke an injunction that considered the clauses that provide for loyalty to be abusive. The merits of the matter will still be analyzed in the 1st Panel of the STJ, after the forensic recess. The lack of presentation of essential documents for the correct analysis of the case, such as a copy of the appealed decision, led the president of the STJ, minister Edson Vidigal, to reject the request for an injunction so that the Special Appeal being processed in the Court suspended the effects of the injunction obtained by the Public Ministry of Minas Gerais.
For Minister Vidigal, the requirements for the case to be decided exceptionally are not clear. He is assigned to report to Minister Luiz Fux. CTBC is an Algar Group company and provides fixed and mobile telephony services mainly in the states of the central-west and southeast regions of the country. The loyalty clauses in its contracts with cell phone consumers were challenged through a Public Civil Action. The MP Estonia Email List obtained an injunction from the 5th Civil Court of Uberlândia, determining that the requested companies refrain from including in their contracts with consumers any clause that obliges the user to remain under contract for a captive period, as well as refrain from charging any fine or value resulting from a loyalty clause in current contracts, under penalty of a daily fine of R$100,000.
The decision was confirmed in the second instance by the Court of Appeal of the State of Minas Gerais, but, in a new attempt, CTBC challenged the injunction in the STJ. He presented a precautionary measure so that the processing of the Special Appeal suspends the effects of the decision of the Minas Gerais Court. It claims that “useless evidence was admitted as pre-constituted, not subject to constitutional guarantees”, which, according to the company, contravenes the Code of Civil Procedure. The company also argued that maintaining the injunction could cause damage that would be difficult to repair, making the provision of public services unfeasible and causing “economic imbalance in relation to operators” that are not subject to the decision.
For Minister Vidigal, the requirements for the case to be decided exceptionally are not clear. He is assigned to report to Minister Luiz Fux. CTBC is an Algar Group company and provides fixed and mobile telephony services mainly in the states of the central-west and southeast regions of the country. The loyalty clauses in its contracts with cell phone consumers were challenged through a Public Civil Action. The MP Estonia Email List obtained an injunction from the 5th Civil Court of Uberlândia, determining that the requested companies refrain from including in their contracts with consumers any clause that obliges the user to remain under contract for a captive period, as well as refrain from charging any fine or value resulting from a loyalty clause in current contracts, under penalty of a daily fine of R$100,000.
The decision was confirmed in the second instance by the Court of Appeal of the State of Minas Gerais, but, in a new attempt, CTBC challenged the injunction in the STJ. He presented a precautionary measure so that the processing of the Special Appeal suspends the effects of the decision of the Minas Gerais Court. It claims that “useless evidence was admitted as pre-constituted, not subject to constitutional guarantees”, which, according to the company, contravenes the Code of Civil Procedure. The company also argued that maintaining the injunction could cause damage that would be difficult to repair, making the provision of public services unfeasible and causing “economic imbalance in relation to operators” that are not subject to the decision.