No caso concreto, a agência bancária localizada em cidade do litoral norte catarinense extrapolou o prazo disciplinado entre 15 e 30 minutos para permanência de consumidor em fila até alcançar seus guichês.
O desembargador Luiz Fernando Boller, relator da matéria, considerou, entretanto, desarrazoado o valor da multa aplicada pelo Procon daquele município. “Resta evidente que a multa fixada administrativamente em R$ 251.472,00 violou os princípios da proporcionalidade e razoabilidade, pois, ainda que se leve em conta a reincidência e o grande poderio econômico do banco, o valor afigura-se exorbitante ao considerar o tipo da infração e o grau de lesividade da conduta”, registrou. Neste sentido, em entendimento seguido de forma unânime pelos demais integrantes da câmara, a multa foi readequada para R$ 50 mil (Apelação n. 0305779-72.2018.8.24.0005).
Fonte: TJSC
The bank will compensate R$50,000 to each customer who spends more than 30 minutes waiting in line. Stay informed about changes in laws and precedents to deliver the best outcomes. Draft, review, and negotiate contracts with attention to detail.
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