The Court of Justice of the State of Goiás (TJGO) upheld the ruling that dismissed a consumer's request to have his name removed from the Credit Information System (SCR) of the Central Bank of Brazil. The plaintiff alleged lack of prior notification by the financial institution and sought moral damages. The court found that the SCR is a mandatory public registry, distinct from private credit restriction databases, and that the absence of prior notification does not constitute a wrongful act.
The case involved the inclusion of credit transaction information in the SCR, which serves to support the Central Bank in monitoring the financial system and facilitating data exchange among financial institutions. The ruling noted that SCR registration is mandatory and that removal is only possible in cases of error, fraud, or debt settlement. It was also established that the contract between the parties included express authorization for the submission of information to the system.
The reporting judge emphasized that the absence of prior notification does not constitute a violation of the duty to inform under the Consumer Protection Code. It was also noted that the financial institution complied with the General Data Protection Law (LGPD) by obtaining consent for data processing.
Ultimately, the court concluded that no wrongful act or compensable moral damage had occurred, upholding the original ruling and increasing attorney's fees in favor of the prevailing party.
This post was summarized from the original ruling using ChatGPT version 4o, with human review.
TJ-GO/AC n. 5281421-21.2024.8.09.0051