Post by account_disabled on Mar 13, 2024 23:34:50 GMT -5
The Regional Panel for the Standardization of Jurisprudence of the 5th Region defined that Caixa Econômica Federal, the city hall of Petrolina (PE) and the state sanitation company should be responsible for delays in the delivery of Minha Casa Minha Vida properties in the city. The construction company that carried out the work was excluded from the active part of the action, as it acted in good faith and delivered the works within the deadline, according to the decision.
Disclosure
For the judge, the construction company should not be held responsible for fraud by the city hall, the state government and Caixa Econômica Federal.
The condominium was delivered without a water supply structure, which ended up taking more than two months to install. The residents then filed more B2B Lead than 100 actions for compensation for moral damages against the city of Petrolina, Caixa (responsible for financing the project) and the construction company that carried out the work.
However, there was no consensus among federal judges on the matter. Therefore, the case went to the Regional Standardization Panel of the Federal Regional Court of the 5th Region. For the case's rapporteur, judge Paula Emília Moura Aragão de Sousa Brasil, the construction company should not respond objectively for the lack of water in the properties. According to her, the contractor provided its services correctly and in good faith.
However, the other suppliers – city hall, state-owned basic sanitation company and Caixa – acted fraudulently or intentionally when releasing the properties and determining their occupation, even without structure, the judge assessed. As a result, he pointed out, the construction company should not be held jointly liable for the works with other entities, according to article 18 of the Consumer Protection Code.
In this way, Paula Emília proposed the following thesis:
“Even recognizing the responsibility of an objective and joint nature of the suppliers of the consumption chain in question, who must deliver the product in conditions suitable for its use, the fact of a third party serves to exclude the responsibility of a supplier in this chain, which may third party being one of the co-suppliers of the same, especially if the occurrence of fraud, fraud or bad faith on the part of the others is demonstrated”.
The statement was approved by a majority.
The construction company was represented in the case by the firm Queiroz Cavalcanti Advocacia. Rafael Accioly , managing partner of the firm's Real Estate area, stated that the contractor did not fail in providing its services. Therefore, it should not be liable for defects in the properties.