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[BUSINESS] · Brazil · 2 sources

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Brazilian courts rule against businesses denying consumer claims

Brazilian courts have issued rulings reinforcing consumer rights against service providers and insurance associations that attempt to evade liability.

In São Paulo, a gym franchise was ordered to indemnify a student after their motorcycle was stolen from the establishment's parking lot. Despite the gym displaying signs stating they were not responsible for theft, the court ruled that such notices do not waive the legal duty to repair damages. The decision cited the Consumer Defense Code and Superior Court of Justice precedent, which holds businesses accountable for the security of vehicles left on their premises.

In Santa Catarina, a vehicle protection association was ordered to pay R$ 14,821.40 to a driver after wrongfully refusing to cover accident repairs. The association had claimed the refusal was due to worn tires, but a technical expert report concluded the tire condition did not justify the denial. The court ordered reimbursement for the repair costs and the expenses incurred for the mechanical engineering expertise.

Entities

Consumer Defense Code · Santa Catarina · Superior Court of Justice · São Paulo