Post by messi05 on Jan 24, 2024 6:21:48 GMT -5
Deficient protection of the rights of victims of domestic violence. In this sense, the Brazilian Constitution, while establishing protection against violence committed within the family (article 226, § 8[ 13 ]), also establishes consumer protection as a fundamental right (article 5, XXXII, of the CF[ 14 ]), as well as recognizing its defense as one of the principles of the economic order (article 170, V, of the CF[ 15 ]). As it could not be otherwise, there is an imperative of protection in favor of the citizen to be guaranteed by the Public Power, and, on the other hand, it is evident that Law 9,514/97, by creating a situation of clear superiority of the financial institution, violates this commandment.
Specifically, the completely extrajudicial Buy Phone Number List expropriation of property for a vile price and the simplified way of evicting consumers from their home, to the clear benefit of the financial institution — resulting in the almost immediate placement of the citizen on the street —, in a procedure whose legality is not previously analyzed by the State-Judge — and, often, not even with the possibility of the citizen being reimbursed for the amounts already paid — demonstrate this situation well.
Law 9,514/97, in this aspect, therefore becomes unconstitutional as it evidently does not effectively protect the consumer, for the benefit of the financial institution, which, as we have seen, already has an enormous framework to protect its interests and so that the economic viability of the business in question is guaranteed. Therefore, it is up to the Public Defender's Office, through its bodies of action, to insist on the impossibility of measures, such as those discussed here, for the benefit of the entire population still lacking their fundamental right to decent housing. In view of this, the authors' claim that they went to Salvador with the specific purpose of attending the show by the band Aviões do Forró is not reasonable. On the contrary, it seems credible to accept that the show was just one of the entertainments on the trip”, said the judge.
Specifically, the completely extrajudicial Buy Phone Number List expropriation of property for a vile price and the simplified way of evicting consumers from their home, to the clear benefit of the financial institution — resulting in the almost immediate placement of the citizen on the street —, in a procedure whose legality is not previously analyzed by the State-Judge — and, often, not even with the possibility of the citizen being reimbursed for the amounts already paid — demonstrate this situation well.
Law 9,514/97, in this aspect, therefore becomes unconstitutional as it evidently does not effectively protect the consumer, for the benefit of the financial institution, which, as we have seen, already has an enormous framework to protect its interests and so that the economic viability of the business in question is guaranteed. Therefore, it is up to the Public Defender's Office, through its bodies of action, to insist on the impossibility of measures, such as those discussed here, for the benefit of the entire population still lacking their fundamental right to decent housing. In view of this, the authors' claim that they went to Salvador with the specific purpose of attending the show by the band Aviões do Forró is not reasonable. On the contrary, it seems credible to accept that the show was just one of the entertainments on the trip”, said the judge.