The Court of Justice of Minas Gerais denied appeals in a case involving compensation for moral damages arising from enrollment in the Central Bank's Credit Information System (SCR) without prior notice. The consumer's name was registered by DM Financeira in the restrictive database without proper notification, in violation of the Consumer Protection Code (CDC) and LGPD (Brazil's General Data Protection Law). The ruling recognized the restrictive nature of the SCR and upheld the company's liability to pay moral damages.
The reporting judge emphasized that joint liability for prior notification to the consumer applies to both the filing body and the creditor — grounded not only in the CDC, but also in Article 42 of the LGPD, which establishes joint liability for those who process personal data unlawfully. The court underscored that both the Positive Credit Registry Law and the LGPD reinforced the mandatory nature of prior notification, superseding earlier interpretations that had attributed this responsibility exclusively to the entities maintaining the registries.
The ruling applied the objective liability theory in consumer relations, noting that although the Credit Information System is not inherently a restrictive body, it has an indirectly restrictive nature by reducing or hindering consumers' access to credit. The absence of prior notification was deemed a defective service, constituting an unlawful act warranting moral compensation, in line with the consolidated position in STJ Binding Precedent No. 40.
The court maintained the moral damages award at R$ 2,000.00, taking into account the existence of subsequent registrations that prevented the application of STJ Binding Precedent No. 385. Attorney's fees were increased to 20% of the awarded amount, with reciprocal costs maintained given that the initial claims were not granted in full. The court reinforced that the combined application of the CDC and the LGPD strengthens the protection of consumers' personal data.
This post was summarized from the original ruling with the use of AI, with human review.
TJMG/AC n. 5001781-78.2024.8.13.0232