Post by messi05 on Jan 23, 2024 23:54:58 GMT -8
Amarbrasil filed two collective civil actions in the Federal Court of Brasília against cell phone operators. One to force operators to replace and suspend services to pirated cell phones, which was distributed to the court of the 7th Federal Court of Brasília. According to a survey by the association, at that time the number of pirated cell phones was 10% to 20% of the total. According to Uarian, in this action, Amarbrasil's formulation was made solely based on the procedural replacement authorized by the Public Civil Action Law and the Consumer Protection Code, called Collective Civil Action for the Defense of Transindividual Rights.
In the other action , the association asked for the Buy Phone Number List message box service to be declared illegal, with the refund of amounts unduly charged and compensation. Initially, the action was distributed to the 1st Federal Court of Brasília, which granted an injunction favorable to the association. However, in a second moment the judge excluded Anatel from the case and sent it to the common courts and now it is being processed at the TJ-DF. In this action, in addition to replacing consumers, Amarbrasil asked for the right to "opt-in right". According to Uarian, the technique is admitted in Brazilian legislation (article 103, §3 combined with article 104 of the CDC), as it favors saving time, acts and energy of jurisdictional activity, as well as stimulating effectiveness and full exercise and defense of citizenship.
In consumer relations (application of the minor theory of disregard), as the magistrate can decree the disregard ex officio, there will be no need for the incident of disregard provided for in the new CPC. Especially because, the incident is necessary in cases where there are specific requirements for disregard (in the case of the CC, confusion of assets and/or misuse of purpose), allowing the initial contradiction of the partners, in order to clarify to the magistrate whether there is or not the requirements authorizing disregard.
In the other action , the association asked for the Buy Phone Number List message box service to be declared illegal, with the refund of amounts unduly charged and compensation. Initially, the action was distributed to the 1st Federal Court of Brasília, which granted an injunction favorable to the association. However, in a second moment the judge excluded Anatel from the case and sent it to the common courts and now it is being processed at the TJ-DF. In this action, in addition to replacing consumers, Amarbrasil asked for the right to "opt-in right". According to Uarian, the technique is admitted in Brazilian legislation (article 103, §3 combined with article 104 of the CDC), as it favors saving time, acts and energy of jurisdictional activity, as well as stimulating effectiveness and full exercise and defense of citizenship.
In consumer relations (application of the minor theory of disregard), as the magistrate can decree the disregard ex officio, there will be no need for the incident of disregard provided for in the new CPC. Especially because, the incident is necessary in cases where there are specific requirements for disregard (in the case of the CC, confusion of assets and/or misuse of purpose), allowing the initial contradiction of the partners, in order to clarify to the magistrate whether there is or not the requirements authorizing disregard.