Czerwona Woda

[messi22]

Judge Manoel dos Reis Morais, from the Court of Justice of Minas Gerais, rejected Banco Pan S/A's request for a suspensive effect on urgent early protection of collective action proposed by the Minas Gerais Public Defender's Office and the Collective Defense Institute (IDC) against the practice of loans granted over the phone. The action filed four public civil actions, with a request for an injunction, with the TJ-MG, against the banks Safra, BMG, Pan and BGN. In the first instance, the injunction was partially granted and Pan and Safra were prohibited from carrying out credit operations over the telephone and depositing amounts into consumers' bank accounts.

The appeal presented by Pan alleges that “the existence Iran Telegram Number Data of a group of people harmed in the contracting of a credit operation due to individual and subjective reasons does not have the power to make homogeneous a legal situation that, at most, could only be understood as the agglutination of heterogeneous interests. When analyzing the request, the judge cites the first instance decision and considers that the evidence presented shows that many “consumers are being targeted by the so-called 'teledraw operation', consisting of the Financial Institution 'calling' the retiree and, with a few words , provide a credit to your account.



He also states that it was clear that this contractual practice “violates the right to information and contractual good faith”. Finally, the judge concluded that there is no risk of serious damage or difficult repair for the appellant, but rather for consumers. In terms of plan, it is clear that the beneficiaries' reimbursement demands move away from the negotiating function, as they do not seek fulfillment of the contract by the plan or health insurance. After all, the specific execution of the contract would consist of the supply (or funding) of the input or procedure covered — which, in practice, has already been achieved by the beneficiary using its own resources.

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