the stock exchange without that person's consent or knowledge violates the personality rights guaranteed by Article 1 of the Constitution and causes harm that does not need to be proved . liability for compensation . Therefore , the Ninth Civil Chamber of the Rio Grande do Sul State Court ordered a broker to pay R $ 0.0000,000 in moral damages to a resident of Bento Goncalves , whose personal data was disclosed in & without authorization The rights were leaked during the operation.
appeals rapporteur , Judge Carlos Eduardo Riccititi, accepted the defence ’s argument that everything was just a simple spelling mistake , which was quickly resolved. He argued that the securities transactions did not harm the author’s image Transportation Email List and reputation. Firstly, because they are common in the investment world and are carried out every day by thousands of investors from all over the world . Secondly, because the author did not owe anyone any money . In other words , he did not have a reputation for defaulting on his debts.
“Furthermore, it cannot be said that the author was shaken or worried to the extent that it affected his peace and tranquility because , as he told the court , he was limited to seeking contact with the defendant through her physical address , And no one else tried to contact herself , not even Bovespa , to clarify what happened , which is what one who cares about the facts would expect. stock exchange statement and ultimately waited until the same month before making the current request,” he wrote in the vote.
fact that the author was the doorman of the agent 's building attracted the attention of Judge Taso Suárez de la Bari, who was the winning vote in the trial . This data is obtained during the registration process and is intended to create a course targeted at potential clients interested in investing in the securities market . " Taking into account the documents collected in this case , and the registration data does not reveal any potential for a business profile developed by the defendants, the purpose of allowing the account to remain active without any activity for over two years What ? Does n’t this account provide opportunities for small investments within the scope of income tax exemption ?” he questioned in his ruling .
The broker was unable to prove the alleged "typing error " because it failed to file the holder's instructions and the account number where the error occurred . In other words , the facts supporting the author's rights were not invalidated by the improper use of his name in securities transactions. According to his understanding, in the case of investing in securities on the stock exchange , it is "unacceptable" for aggrieved customers not to lodge a complaint .
“In addition, operations of this nature generate financial and tax benefits that, due to the strict control of assets , expose the names of those involved in them , as investors are required to give explanations to the tax authorities , including possible declarations and tax collection . The ruling drawn up at the meeting on January 24, 2017 concluded that “the respective income indicates that the use of the author’s name in an unauthorized manner is sufficient to establish the moral damages claimed”.