A notice published by the Fourth Rio Business Court on Monday (14) “interested and wounded” roads to enter a $ 20.8 billion break in the Americans, is the goal of accounting fraud that was discovered and released in January 2023.
Judge Caroline Rossi Brando Fonsika gave twenty days to any victims of qualification, such as Litisconsorts, in the public civil lawsuit records submitted by the Brazilian Institute of Citizenship (IBRAC) against retail stores, in judicial recovery.
The institute calls for the condemnation of Americanas to push the beach for individual moral damage and compensate for the individual material damage to investors/shareholders (“consumers by equation, and thus victims of damage”).
This procedure should also reach, according to IBRARACI – in which Lawyers Carlos Henrik de Souza Gonda and Gabriel de Pretto Silva participated – “the entire creditors of the defendants are considering individually, including financial institutions and all those who provided the defendant, and who have not been paid.”
However, merchants working in MarketIt is considered individually, and those who elected the retail seller as a way to make your work, “and this is not going on and will not be paid for sales.”
Also, consumers consider individually that they have bought products and that they “do not own and will not hand them over, nor the amount that is recovered, and the damage to all the injured, which will be determined in the settlement of the ruling.”
In the event that the request is not received, and “understanding the court is exclusive of collective moral damage”, the Brazilian Institute of Citizenship requires that the compensation be fixed to defend the spread of the spread of the spread of the spread.
The institute argues that there was “a violation of a good intentional intention, given the defendant’s position on compensation for his information and public budgets, which motivates investors.”
“The fluctuation of the market was painfully addicted to the practice of an act contrary to a good intention, which led to the right damage, offered a useful right of goodwill, which was aware of the negotiating dangers, but he did not consider the deliberate fraud represented in processing the information practiced by the defendant.”
Lawyer Gabriel de Pretto Silva specialized in the Consumer Law and Legal Director of the Brazilian Institute of Citizenship points that “the parties concerned will have a possibility, within 20 days, to qualify with general civil procedures (case No. 0803407-70.2023.8.19.19), through an signed article. Evidence can add evidence that they can with the origin of the procedure.”
Bretto recommends that those who already have individual procedures, they will have to choose to continue individual work or qualify in the collective procedure.
American competition
MERICANAS – represented by a group of professionals from Basilio Advogados and BMA Advogados – presented a defense on April 17, 2023, claiming that “IBRACI did not clarify or indicate, to the minimum, which is damage, effective and concrete, especially the personal field of any of the topics mentioned in the first.”
“If there is no proven injury, there is no talk about ethical damage,” the retailer asserts.
“And if there is any situation here that led to moral damage, and not only disappear, then this will be individual, self and personal. And from individual, subjective and personal situations, because they are primary, clearly derives moral damage across individuals, nor through personality.”
Americanas requested that the case be extinct, “without the decision of merit.”
“If this is not understood, which is only accepted in light of the principle of probability, then, the claims made in the initial petition will be rejected by IBRACI,” said retail.
“In the remote hypothesis of receiving copyright, which is accepted only through possibilities, in a successive and popular publication line, it requires that the final condemnation be repaired in favor of shareholders, but consumers, creditors, or” traders who act in the market do not exceed. “
The network also asks, in the event of conviction that the amount of mass moral damage is fixed at a “level consistent with the principle of reasonable”.
