Post by account_disabled on Jan 30, 2024 21:15:01 GMT 10
Public authorities may be fined if they fail to comply with a court order to provide medicine. The thesis was defined by the 1st Section of the Superior Court of Justice in a repetitive appeal. The case taken as representative of the controversy involved a private action against the state of Rio Grande do Sul, condemned to supply medication for the treatment of glaucoma, under penalty of a daily fine of half the minimum wage. The Court of Justice of Rio Grande do Sul excluded the imposition of a daily fine on public authorities, but, in the STJ, the decision was reformed.
The rapporteur, Minister Benedito Gonçalves, highlighted Buy Phone Number List the importance of the mechanism as a way of guaranteeing the effectiveness of judicial protection, but understood that the value set was exorbitant, reducing it to a minimum wage per month. As it was judged under the rite of repetitive appeals, the thesis will serve as guidance to ordinary instances of Justice, including special courts, for resolving cases with the same legal controversy.Recognizing the practice as illegal in these circumstances would imply denying the insurer the right to discuss the occurrence, or not, of the risk assumed,'' she explained.
In view of this decision, the insurer appealed to the TJ-RS. CNSP Resolution The appeal's rapporteur, judge Jorge Luiz Lopes do Canto, reformed the sentence as he understood that the ''unjustified delay'' in the payment of compensation supports the request for moral reparation. Thus, despite the defendant having paid the insured capital, it assumed the risks arising from the delay in settling the claim. After all, article 50, paragraph 1, of Resolution 117/2004, of the National Council of Private Insurance (CNSP) says that settlement must be made within 30 days. In this case, consider the existence of insurance (usually credit life insurance) taken out by the consortium member when purchasing the consortium share. Well, upon the death of the consortium member, the insurance company analyzes the requirements set out in the policy (formulated by it) and, if fulfilled, settles the consortium contract.
The rapporteur, Minister Benedito Gonçalves, highlighted Buy Phone Number List the importance of the mechanism as a way of guaranteeing the effectiveness of judicial protection, but understood that the value set was exorbitant, reducing it to a minimum wage per month. As it was judged under the rite of repetitive appeals, the thesis will serve as guidance to ordinary instances of Justice, including special courts, for resolving cases with the same legal controversy.Recognizing the practice as illegal in these circumstances would imply denying the insurer the right to discuss the occurrence, or not, of the risk assumed,'' she explained.
In view of this decision, the insurer appealed to the TJ-RS. CNSP Resolution The appeal's rapporteur, judge Jorge Luiz Lopes do Canto, reformed the sentence as he understood that the ''unjustified delay'' in the payment of compensation supports the request for moral reparation. Thus, despite the defendant having paid the insured capital, it assumed the risks arising from the delay in settling the claim. After all, article 50, paragraph 1, of Resolution 117/2004, of the National Council of Private Insurance (CNSP) says that settlement must be made within 30 days. In this case, consider the existence of insurance (usually credit life insurance) taken out by the consortium member when purchasing the consortium share. Well, upon the death of the consortium member, the insurance company analyzes the requirements set out in the policy (formulated by it) and, if fulfilled, settles the consortium contract.