Recognized autonomy of lost time compensation

Judge Fernando Antônio de Lima, from the Stick of the Special Civil and Criminal Court of the Jales / SP Forum, granted a consumer compensation

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Judge Fernando Antônio de Lima, from the Special Civil and Criminal Court of the Jales / SP Forum, granted a consumer temporal damage indemnification due to waiting for more than three hours, by attendance in a banking agency .

The judgment has acknowledged the indemnity of lost time as an autonomous repair hypothesis, that is, an indemnity that can be cumulated with due moral and material damages. The money is similar to the so-called "aesthetic damage", recognized by the Superior Court (Court 387), and liable with the material and moral damages eventually resulting from the same fact.

There are those who say the theme is controversial. For the judge André Gustavo Corrêa de Andrade, the Court of Justice of Rio de Janeiro, is fully possible to accountability for companies for lost time. However, the judge is against the categorization of temporal damage compensation, since it states that it is already embraced by the category of moral damage.

Process nº 0005804-43.2014.8.26.0297