Post by account_disabled on Jan 24, 2024 23:42:26 GMT -6
Disclosing a criminal conviction in a commercial risk assessment register does not violate the presumption of innocence. Thus, an appeals panel from the Special Civil Courts of Rio Grande do Sul amended the sentence that condemned the company Thomson Reuters and its subsidiary in Brazil for disclosing this information about a consumer. According to the process, the World Check database , belonging to the Thomson Group, mentioned that the author of the action was “previously sentenced by the 1st Criminal Court of Porto Alegre to 9 years and 5 months in prison for conspiracy and ideological falsehood”, with an “appeal underway at the Federal Regional Court of the 4th Region”.
The author of the compensation action Buy Phone Number List stated that, as a result of this registration, he is unable to open bank accounts or obtain credit. He maintained that the inclusion of his data in World Check is not relevant for credit analysis or compliance , in addition to having not been notified in advance of the disclosure. He claimed that the events that gave rise to the criminal case occurred more than five years ago. He requested, in anticipation of relief, the immediate removal of his name from the database and the condemnation of the defendants to pay compensation for moral damages. Lay judge Marcelo Salamoni Barros Silva, from the 4th Special Civil Court of Porto Alegre, judged the compensation action to be valid.
In addition to ordering the cancellation of the author's name registration on World Check , he arbitrated moral reparation in the amount of R$5,000. In his opinion, the criminal conviction that gave rise to the negative registration did not become final, which violates the principle of presumption of innocence, provided for in article 5, item LVII, of the Constitution. “This is moral damage in re ipsa , which arises from the gravity of the offense itself, inherent in the offense itself, with no need for effective proof of the damage suffered, because the injury is presumed”, he noted in the proposed sentence. Supreme Court Precedent When judging the company's appeal, judge João Pedro Cavalli Júnior, rapporteur, understood differently. For him, the presumption of innocence was not “the least bit scratched” in the case.
The author of the compensation action Buy Phone Number List stated that, as a result of this registration, he is unable to open bank accounts or obtain credit. He maintained that the inclusion of his data in World Check is not relevant for credit analysis or compliance , in addition to having not been notified in advance of the disclosure. He claimed that the events that gave rise to the criminal case occurred more than five years ago. He requested, in anticipation of relief, the immediate removal of his name from the database and the condemnation of the defendants to pay compensation for moral damages. Lay judge Marcelo Salamoni Barros Silva, from the 4th Special Civil Court of Porto Alegre, judged the compensation action to be valid.
In addition to ordering the cancellation of the author's name registration on World Check , he arbitrated moral reparation in the amount of R$5,000. In his opinion, the criminal conviction that gave rise to the negative registration did not become final, which violates the principle of presumption of innocence, provided for in article 5, item LVII, of the Constitution. “This is moral damage in re ipsa , which arises from the gravity of the offense itself, inherent in the offense itself, with no need for effective proof of the damage suffered, because the injury is presumed”, he noted in the proposed sentence. Supreme Court Precedent When judging the company's appeal, judge João Pedro Cavalli Júnior, rapporteur, understood differently. For him, the presumption of innocence was not “the least bit scratched” in the case.