Post by account_disabled on Jan 24, 2024 20:14:34 GMT -8
A man will be compensated R$20,000 for being accused of embezzlement when he went to the bank to access his own account. The author of the action said that, due to high value transactions in his account, he started checking his statement quite frequently, but, on one of the visits, the branch manager thought he was committing a crime and called the police. Disclosure A man went to withdraw R$570 from the bank, but was taken from the branch by the police to the police station accused of embezzlement. Disclosure The author of the action, represented by lawyer Rafael Felix, was then taken to the police station for investigation, but no employee accompanied him to record the incident.
The bank was sentenced in the first instance to compensate Buy Phone Number List the man with R$12,000, but appealed the decision claiming that he had only been taken in due to suspicions of fraud on his account. He also said that the fact that the author of the action was taken to the police station by public security agents was a mere annoyance, without causing moral damage. The man said that he went to the bank branch to make a withdrawal of R$570, but, upon arriving, the manager called the police and accused him of embezzlement. He also said that he was taken by the police in front of many of the agency's customers and later released by the police chief because the bank manager did not accompany the vehicle to formalize an accusation.
For the 15th Chamber of Private Law of the Court of Justice of São Paulo, which reformed the conviction in the first instance to increase the compensation owed by the bank from R$12,000 to R$20,000, the moral damage was clear in the case. “The vexatious situation to which the author was exposed when he was taken by police officers to a police station for allegedly committing the crime of embezzlement is evident. It is worth mentioning that the manager did not even accompany the vehicle to formalize any accusation before the delegate”, stated the rapporteur, judge Mendes Pereira. The magistrate also highlighted that the suspicion was unfounded, especially since the author of the action never had any type of criminal or embezzlement-related accusation. “In this sense, the value of R$12,000.00 is small and disproportionate to the damages suffered.
The bank was sentenced in the first instance to compensate Buy Phone Number List the man with R$12,000, but appealed the decision claiming that he had only been taken in due to suspicions of fraud on his account. He also said that the fact that the author of the action was taken to the police station by public security agents was a mere annoyance, without causing moral damage. The man said that he went to the bank branch to make a withdrawal of R$570, but, upon arriving, the manager called the police and accused him of embezzlement. He also said that he was taken by the police in front of many of the agency's customers and later released by the police chief because the bank manager did not accompany the vehicle to formalize an accusation.
For the 15th Chamber of Private Law of the Court of Justice of São Paulo, which reformed the conviction in the first instance to increase the compensation owed by the bank from R$12,000 to R$20,000, the moral damage was clear in the case. “The vexatious situation to which the author was exposed when he was taken by police officers to a police station for allegedly committing the crime of embezzlement is evident. It is worth mentioning that the manager did not even accompany the vehicle to formalize any accusation before the delegate”, stated the rapporteur, judge Mendes Pereira. The magistrate also highlighted that the suspicion was unfounded, especially since the author of the action never had any type of criminal or embezzlement-related accusation. “In this sense, the value of R$12,000.00 is small and disproportionate to the damages suffered.