It was decided by the Federal Regional Court of the 4th Region (TRF4) that the Caixa Econômica Federal must pay a indemnity for moral and material damages to Supermercado Pague Menos Ltda, located in Antonina (PR), as well as to its owner partner. Understand what led the Justice to decide something like that.
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Caixa pays compensation
What is known so far is that the owner of the supermarket was robbed inside one of the bank's branches, exactly when he was going to deposit a substantial amount – BRL 53,770 – referring to the establishment’s income commercial. The decision was unanimous by the 12th Panel on November 23rd.
According to what was in the process, the partner claimed that it is his responsibility to do this type of task on a weekly basis. The theft would have happened in December 2017, at one of the agencies in Antonina. The man said he was waiting his turn in line when he was approached by the thief, who was carrying a firearm and managed to escape with the help of his partner on a motorcycle.
In January of this year, the 1st stick Federal de Paranaguá (PR) sentenced Caixa to pay the total amount that was stolen inside one of its branches, as material damage. In addition to this amount, the bank would still be required to pay an additional R$ 20,000 for moral damages, with interest and monetary corrections from the date of the episode in question.
The bank ended up resorting to TRF4, claiming that the amount of moral damages should be reduced, because, according to the appeal, “at thecase,there wasthreatsufferedperhandgun in hand, although there are no reports that violence was used to subtractionofpouch;for the contrary, Theactioncriminal he was fast It is suddenly”.
The conviction was upheld by the 12th Panel, where the amount of moral damages was reduced to R$10,000.
Analysis of the case by Judge Gisele Lemke:
According to the judge, Gisele Lemke: "Thesituation of fear and anguish experiencedfor theauthor part, that you had to deliver Opouch with money relativeàrevenue obtained at thesupermarket of which he is a member, underThethreat of fire gun, undoubtedly generated suffering, disorderIt isrestlessnesscharacterizersofdamagemoral, beingenough to give rise to Theobligation in repair the damage.Configured The failure ofsecurity service and recognized Theobligation to indemnify”.
Regarding moral damages, the judge says that: “PwhereingThenature It is The gravity ofdamage,to thecircumstancesof the specific case, the principle of reasonableness and youparametersadopted in similar cases, I havethat seems appropriate the value of R$ 10 thousand,aboutOwhichwill affect fees and monetary correction that will increase it substantially”.
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