TJ-DF condemns transport cooperative that led elderly people into debt

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Unanimously, the 5th Civil Panel of the Court of Justice of the Federal District condemned the Public Transport Cooperative (Coopertran) and its former president to pay compensation for material and moral damages to an elderly man who went into debt to become a member of the cooperative. The judges ordered the defendants, jointly and severally, to pay the outstanding installments of the loan contained in the current account statement and the amount of R$ 10 thousand.


According to the rapporteur, judge Robson de Azevedo, the material and moral losses that the elderly man claimed to have suffered occurred not only due to the non-payment of the monthly B2B Lead loan installments, but also due to the fact that he believed that he would become a member of the cooperative if he took out a loan in favor of it, which was fueled by the defendant, through the attitude of its former president and the cooperative itself, when paying the loan installments.

“The cooperative itself admits, in its statement of contention, that there was some type of shady transaction between its former president and the author, when it accuses them of paying a commission for recommending members of the former, which would be illicit. Therefore, the author's version is credible that he took out the bank loan, believing that this act would lead to him becoming a member of the cooperative, which never happened,” he explained.

According to the collegiate, “the defendants are jointly and severally liable for the material and moral damages caused to a third party, for acts that exceed good faith, namely, benefiting from a loan taken by a third party — who believed that, with this act, they would become cooperative when this would not be possible; and, after having unduly used up the money, makes the payment of some installments of the loan, into the third party's bank account, but unilaterally stops these payments, breaking with the agreement, causing the third party to default with the loan creditor and the denial of your name".



Origin process
The author reported that he is retired and decided to become a member of the cooperative to improve his monthly income. At a cooperative meeting in November 2008, in which he participated, he was informed that, to become a member, he would have to open a current account at Banco do Brasil and request a CDC, in the amount of R$ 6.5 thousand, to be transferred to aft.