Post by messi05 on Jan 23, 2024 23:18:45 GMT -8
The TJ-RS board decided to double the value of the fees in favor of the lawyer – it jumped from R$ 1 thousand to R$ 2 thousand –, due to three vectors, according to Espaço Vital : removal from small honorary sum awarded in the first degree; relevance of demand; and the defendant's insistence on continuing to appeal. According to the case's rapporteur at the court, judge Ana Paula Dalbosco, the lawyer's remuneration must be consistent with the importance of the profession in a democratic state of law. For the judge, who graduated from the fifth constitutional law degree, the work carried out by the lawyer is not restricted to petitioning, encompassing several other activities and, above all, responsibilities, as mentioned by Minister Nancy Andrighi, of the Superior Court of Justice, when judging REsp 1.403 .750-RS.
''Even in less complex cases, where there is Buy Phone Number List repetitive demand, legal fees must be set reasonably, so as not to harm the dignity of the profession. It cannot be accepted, from the perspective of the judge's fair assessment, that the lawyer's remuneration is derisory,'' the rapporteur wrote in the ruling, citing another STJ precedent. Reproduction The client took action after accessing her registration with the company and realizing that her mileage had been used. Because of what happened, she said, she had to pay for airline tickets that could have been purchased with the accumulated miles. The company returned the improperly used miles, but argued that the fraud was the customer's fault.
For judge Maria Verônica Correia, this thesis does not hold water. The judge noted that, as she was unable to use the miles she had, the consumer had to pay for the tickets with her own resources. The judge set the compensation for material damages at R$1,263, and R$3,279.50 for moral damages. “It is also right to be compensated for the moral constraints suffered, motivated by the undue conduct practiced by the defendant, as it allowed a third forger to use the plaintiff's miles as if she were, failing to adopt the security procedures that this type of relationship requires. contractually requires.”
''Even in less complex cases, where there is Buy Phone Number List repetitive demand, legal fees must be set reasonably, so as not to harm the dignity of the profession. It cannot be accepted, from the perspective of the judge's fair assessment, that the lawyer's remuneration is derisory,'' the rapporteur wrote in the ruling, citing another STJ precedent. Reproduction The client took action after accessing her registration with the company and realizing that her mileage had been used. Because of what happened, she said, she had to pay for airline tickets that could have been purchased with the accumulated miles. The company returned the improperly used miles, but argued that the fraud was the customer's fault.
For judge Maria Verônica Correia, this thesis does not hold water. The judge noted that, as she was unable to use the miles she had, the consumer had to pay for the tickets with her own resources. The judge set the compensation for material damages at R$1,263, and R$3,279.50 for moral damages. “It is also right to be compensated for the moral constraints suffered, motivated by the undue conduct practiced by the defendant, as it allowed a third forger to use the plaintiff's miles as if she were, failing to adopt the security procedures that this type of relationship requires. contractually requires.”