backBrazil’s Superior Court of Justice has paused its analysis of when consumers can claim double refunds for amounts charged improperly. The case is being reviewed under the binding-precedent procedure, meaning the final decision will guide all lower courts. So far, two justices have voted, both reaffirming the Court’s established position that double refunds are owed whenever an improper charge violates the duty of good faith, with no need to prove intentional misconduct by the supplier.
The rapporteur, Justice Humberto Martins, proposed limiting the effects of the ruling so that it would apply only to charges made after March 2021, when the STJ first settled its interpretation on the issue, except for cases involving public services, where the rule would apply fully. Justice Luis Felipe Salomão partially disagreed, opposing any limitation and suggesting clearer criteria for when double refunds should be mandatory, such as situations in which a company ignores a consumer’s complaint. The judgment remains suspended following a request for further review.
share
