O.R.S. went to a bank branch of the Bank of Brazil on 30 June 2010, in order to request deletion of the name of his wife joined the issuers of checks without funds. While it was met by an employee, a manager of the institution approached, asked the degree of his kinship with the account holder, and upon receiving the response, uttered in front of other customers, words that indicated that the woman was customary issuer bad checks.
Feeling humiliated and embarrassed, especially because military policeman who always strived to preserve the honor and image in front of people, SAB decided to go to court against the bank, seeking compensation for moral damages. In its defense, the Bank of Brazil claimed his only official was warning the client in relation to banking procedures.
In the first instance, the bank was ordered to pay the policeman the amount of R $ 5 thousand in damages, but decided to appeal. It claimed that there was no evidence of damage suffered by O. and asked that, if convicted, the amount of compensation was reduced.
Unlawful act
In analyzing the case, the judge rapporteur, Domingos Coelho noted that witnesses heard in court revealed that in fact the manager of the bank, "in loud and clear, offended and called his wife to embarrass them in public." He stated further that the institution did not contest the wrongful act, only argued that his employee did not cause any harm to the client.
In assessing the Rapporteur, "it is evident, therefore, not only the presence of the illegal act, but the damage done to the morale of the author / appellant, as this situation has caused him shame and embarrassment to the public bank, which actually macula proves difficult to extinguish, being, for all those who witnessed the scene, the taint of bad payers. " So decided to keep unchanged the sentence.
The justices Jose Flavio Lacerda de Almeida Nile and voted according to the rapporteur.
Source: TJ-MG
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