Brazilian judicial rulings on civil and consumer rights

Brazilian courts have issued several rulings addressing civil liability and consumer protections. In one instance, the Superior Court of Justice (STJ) reinstated a 5,000 reais moral damages award for an elderly beneficiary after their health insurance was unilaterally and irregularly terminated. The court noted that the hyper-vulnerability of elderly individuals can characterize presumed moral damage.

Additionally, the Court of Justice of Bahia (TJBA) upheld a decision requiring a health insurance provider to cover the childbirth of a high-risk pregnant woman at a specific hospital. This ruling followed a compulsory transfer of beneficiaries after a previous operator closed, mandating that the provider ensure medical assistance of equivalent technical capacity or fund the procedures at the original facility.

Expanding on service provider liability, a court in Minas Gerais ordered the ride-hailing platform 99 to pay R$ 300,000 in moral damages to a passenger who was raped in Belo Horizonte in July 2023. The 32nd Civil Court of Belo Horizonte found that the company failed to ensure passenger safety after a driver left an unconscious victim on a sidewalk. Although the driver was acquitted of criminal charges for the rape, the judge ruled that 99 is responsible as part of the service supply chain. The ruling also requires the company to pay for material damages and cover all psychological and psychiatric treatments for the victim, who has developed Post-Traumatic Stress Disorder, anxiety, and panic attacks.