At the end of last year, a man received a transfer via Pix worth R$ 318 thousand from Globo. The amount was sent by mistake, and instead of immediately returning the amount, the man decided to buy an apartment.
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After contacting the man and not receiving a refund, the broadcaster then went to court to block the purchase of the property and get your money back, and still prove that there was misappropriation of money.
The man ended up having to return the amount to Globo, and even so, justice will continue with the process, having understood that there was indeed the misappropriation of the money.
The man's lawyer asked that the process be closed, since the amount had been returned, and still asked for the process to be kept secret of justice, as there was no relevance to the public. However, the two requests were denied by the judge, who believes that the return of the amount was not good faith, since the deposit was made only to recover the property that had been purchased with the value of the broadcaster.
“Note that it is not – nor could it be – a deposit for payment, because the common procedure, in the knowledge phase, does not include the procedural act of depositing an amount for payment, an act that can only occur when the acknowledgment phase is over, either in the incident of spontaneous payment, or in the coercive fulfillment of a sentence”, said the judge.
According to specialists, the process continues because the defendant “counter-attacked” the broadcaster in court, and only returned the amount due to a court decision.
In an interview, criminal lawyer Carolina Carvalho de Oliveira explained how the man's attitude was considered:
“This is a crime that does not depend on the representation of the victim. Once it has been communicated to the State, it must proceed with its investigation. What we see here is a later regret, also provided for in the Penal Code. It can be applied for crimes that do not have violence or serious threat, or when the person repairs the damage. But this does not exempt the criminal practice. It only eventually reduces the penalty in proportion to be determined by the judge”.
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