2023-07-11 01:18:17
According to the records, a woman had a credit card debt with the bank, since August 2021, of approximately R$ 9 thousand reais.
The 2nd Appellate Panel of the Special Courts of the Federal District unanimously condemned Banco de Brasília S/A (BRB) to pay compensation to the woman, for withholding her salary in full. The author will receive from the bank the amount of R$ 3 thousand, for moral damages.
According to the records, a woman had a credit card debt with the bank, since August 2021, of approximately R$ 9 thousand reais. In July 2022, the defendant withheld the plaintiff’s salary of BRL 2,262.55 to pay off part of the debt, at which time the woman was in a risky financial situation. Furthermore, the consumer had already transferred her salary to a current account at another financial institution.
In the appeal, the plaintiff argues that she was unable to use her salary to support her family. She informs that even the transport and food allowances were withheld by the bank. Finally, she asks Justice for compensation for moral damages.
In the decision, the Appeals Panel explained that the salary has a food character and that its full retention is arbitrary conduct, which goes against the National Policy of Consumer Relations. He highlighted that, although the banks are aware of the situation of over-indebtedness of the account holders, they insist on providing credits that exceed the financial capacity of the customers, which characterizes greed without measures.
Therefore, “it remains evident that the commitment of the full amount received at the time when the employment contract was terminated caused disorders capable of affecting personality rights, since the appellant was deprived of her earnings, compromising her livelihood”, concluded the Judge reporter.
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