backBrazil’s Superior Court of Justice is set to determine whether consumers must prove they attempted to resolve a dispute outside of court before filing a lawsuit against a product or service provider. The case, taken up under the system of binding precedents, carries major consequences because it could affect millions of actions involving banks, telecom companies, utilities, airlines and large retailers.
The controversy began when the Minas Gerais State Court ruled that consumers could only sue after first trying to resolve the issue through channels such as customer service, Procon, consumer.gov or regulatory agencies. The state prosecutor’s office disagrees, arguing that such a requirement does not exist in procedural law and that any violation of a consumer right is sufficient to allow immediate access to the courts.
Given the conflicting views, the STJ’s Special Court took over the matter, which hinges on how provisions of the Civil Procedure Code should be interpreted. The ruling will guide courts nationwide on whether an extrajudicial attempt at resolution is a prerequisite for consumer lawsuits.
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