Post by messi23 on Mar 12, 2024 17:24:58 GMT 7
Making the courts understand the distinction between substitution and procedural representation of an association was the objective of emails sent by jurist ada pellegrini grinover shortly before she died on the night of july th . Oabpr brazilian collective law did not adopt the "Opt-in" technique stated ada pellegrini. Oabpr that same day she sent the petition to the national association for the defense of citizenship environment and democracy amarbrasil to join as amicus curiae in a battle that the association is waging with telephone operators.
I know very well what the focus of the operators is and Germany Phone Number what they aim for is to confuse substitution with representation to abort all public civil actions based on the public civil action law and the consumer protection code. This is what we have to fight now wrote the jurist when ready to intervene in the case. Ada was approached by the lawyer and founder of the association uarian ferreira who had suffered a setback in the federal district court of justice. In the action amarbrasil asks the court to declare the message box services offered by mobile phone operators illegal and for the refund of the amounts charged for these services in the last five years.
The ruling ordered operators to stop charging for the service without the consumer having actively opted to join. But he denied the request for refund of the amounts. The parties appealed. The association asking for restitution and the operators alleging among other things the illegitimacy of amarbrasil. In a monocratic decision judge flávio rostirola accepted the operators' arguments extinguishing the public civil action due to lack of representation. According to the judge as it did not have authorization from the associates amarbrasil would not have the legitimacy to propose the action.
I know very well what the focus of the operators is and Germany Phone Number what they aim for is to confuse substitution with representation to abort all public civil actions based on the public civil action law and the consumer protection code. This is what we have to fight now wrote the jurist when ready to intervene in the case. Ada was approached by the lawyer and founder of the association uarian ferreira who had suffered a setback in the federal district court of justice. In the action amarbrasil asks the court to declare the message box services offered by mobile phone operators illegal and for the refund of the amounts charged for these services in the last five years.
The ruling ordered operators to stop charging for the service without the consumer having actively opted to join. But he denied the request for refund of the amounts. The parties appealed. The association asking for restitution and the operators alleging among other things the illegitimacy of amarbrasil. In a monocratic decision judge flávio rostirola accepted the operators' arguments extinguishing the public civil action due to lack of representation. According to the judge as it did not have authorization from the associates amarbrasil would not have the legitimacy to propose the action.