A station that presents one brand in its visual language. But sells fuel from another, is engaging in false advertising and unfair Selling gasoline under a different brand than the station competition. This is the understanding of the 4th Panel of the Superior Court of Justice, which the occurrence of collective moral damage to consumers in Cuiabá by a gas station. According to the Public Ministry, the station had a commercial brand, but and sold products from other fuel distributors, “without the consumer being duly and, most likely. Without the price to the final recipient reflecting the lowest purchase price.” The practice is known as flag infidelity.
The Court of Justice of Mato Grosso
Rejected the request for compensation for collective moral damages. The grounds Buy Phone Number List that “the inconvenience resulting from the sale of fuel from other brands does not necessarily. Imply a risk of moral damage to the community, but only the reparation of losses to homogeneous individual interests”. Constitutional values In the STJ, the understanding was different. For the rapporteur, minister Luis Felipe Salomão, the objective of the public civil action Selling gasoline under a different brand than the station was not to compensate for any damages to those who the fuel. But rather to protect constitutional values, such as the principle of consumer protection, trust, good -faith, transparency and equity in consumer relations.
Compensating consumers who believed
The flawed offer and, to the detriment Selling gasoline under a different brand than the station of their of choice. The product from a different origin than that object of the expectation by the fuel retailer stands out”, the minister. Damage According to Salomão, it is possible to recognize collective moral damage in re ipsa. That is, from the verification of the existence of the fact. “In my opinion, flag infidelity constitutes an intolerable commercial practice,.Constituting, in addition to an administrative infraction, conduct as a crime in the light of the consumerist code (among others), which is why the offender must be to pay AOL Email List compensation for collective extra-patrimonial damage It is a rigorous measure, in order to avoid trivializing the reprehensible act and inhibit the occurrence of new injuries to the community”, Salomão.