The consumer had been a victim of stellion, and his documents were used for automotive acquisition, whose value was fully funded by a financial institution. Because the financing plots, the Financial Institution entered the name of the author in a restrictive registration of credit. Faced with these facts, the consumer filed action against the vehicle concessionaire and against the financial institution, aiming at the statement of lack of legal business and the indemnification for moral damages arising from the undue registration of his name in negative credit registration.
At first instance, the defendants were sentenced to indemnify the author, jointly, by moral damages, at R $ 15,000.00. In addition, the magistrate stated the lack of legal business and correlata debt.
The defendants interposed appeal resources, which were partially provided, for the purpose of removing the duty to indemnify suppliers for undue registration of the name of the author in a credit restriction body. Despite the inscription and the fact that it is undue, the trial chamber understood by the reform of the sentence, having considered two phatic aspects of the case: (i) the name of the author remained enrolled in the restrictive database for 12 days, period that was considered ; and (ii) the same day when the financial institution was alerted by the author himself on possible fraudulent hiring, that provided the exclusion of the name of that registration.
Although the Chamber has ratified the Jurisprudential Understanding that suppliers are objectively when there is a hiring that stems from a third party unlawful act (fraud), removed the duty to indemnify those in the concrete case, while maintaining the declaration of lack of legal business.
