Post by account_disabled on Jan 31, 2024 11:17:14 GMT
When there is fraud in the purchase and sale of a product advertised on the internet, responsibility for the damage cannot be attributed to the media outlet, which did not participate in the preparation of the advertisement or the contract. This was understood by Minister Moura Ribeiro, of the Superior Court of Justice, when overturning the ruling that ordered the Mercado Livre website to compensate two people who deposited R$30,000 for a vehicle, but did not receive the car. The first degree court assessed that the company only offers space for third parties to advertise and research products.
The ruling states that Mercado Livre Buy Phone Number List functions as a “business facilitating channel”, without participating directly. In the second instance, however, the 26th Private Law Chamber of the São Paulo Court of Justice concluded that the site cannot be compared to a “mere classified”, as it profits from intermediation between the buyer and the advertiser and has security mechanisms to avoid harm to the consumer. Ordered to pay R$30,000 for material damage plus R$3,000 for moral damage, the company appealed to the STJ. The Soares Bumachar office , which worked on the case, managed to reinstate the sentence, in a monocratic decision.
For the rapporteur, the TJ-SP ruling “challenges the consolidated jurisprudential guidance within the scope of this Superior Court”. Ribeiro cited precedents that exempt journalistic companies and similar websites. The rules are in line with the International Code of Marketing of Breastmilk Substitutes of the World Health Organization (WHO), an instrument for improving public health that must prevail over the mere commercial interests of companies. In this case, she concluded that it is “impossible not to recognize the existence of compensable moral harm”.
The ruling states that Mercado Livre Buy Phone Number List functions as a “business facilitating channel”, without participating directly. In the second instance, however, the 26th Private Law Chamber of the São Paulo Court of Justice concluded that the site cannot be compared to a “mere classified”, as it profits from intermediation between the buyer and the advertiser and has security mechanisms to avoid harm to the consumer. Ordered to pay R$30,000 for material damage plus R$3,000 for moral damage, the company appealed to the STJ. The Soares Bumachar office , which worked on the case, managed to reinstate the sentence, in a monocratic decision.
For the rapporteur, the TJ-SP ruling “challenges the consolidated jurisprudential guidance within the scope of this Superior Court”. Ribeiro cited precedents that exempt journalistic companies and similar websites. The rules are in line with the International Code of Marketing of Breastmilk Substitutes of the World Health Organization (WHO), an instrument for improving public health that must prevail over the mere commercial interests of companies. In this case, she concluded that it is “impossible not to recognize the existence of compensable moral harm”.