04/06/2013
Compensation for consumers who found larvae in chocolate Autor: TJ/RS
Case
A consumer who has bought a box of chocolate. When opening the packaging of a product was surprised by the existence of a larva. So had nausea and vomiting, a situation that caused him moral shock.
She went to court demanding damages.
Sentence
The defendant company claimed that their products undergo a rigorous air quality system and that there was no proof of actual facts nor the alleged damages.
In Grade 1, the judge Murilo Magalhães Castro Filho dismissed the action, evaluating which no evidence that contamination occurred during the manufacturing of the product.
Dissatisfied, the plaintiff appealed to the Court of Justice.
Appeal
According to the Judge Rapporteur process, Jorge Alberto Schreiner Pestana, the defendant company did not undertake any expert evidence on the packaging or in the larva, to demonstrate that the presence of the foreign body is given by the drilling process. In addition, in a technical report submitted attested judgment does not, at any time, the larva then joined to the packaging manufacturing process.
The judge cited Article 12 of the Consumer Protection Code, which requires the manufacturer to respond regardless of fault, for damages caused to consumers. Assi, awarded punitive damages:
So, I have the importance of U.S. $ 4000 is adequate to compensate the plaintiff suffered for the unjust, said Judge.
Voted with the rapporteur Judges Tulio de Oliveira Martins and Marcelo Cezar Muller.
Civil appeal No. 70051978989
