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Indemnity

 
 
Bus company is condemned for trip with cockroach infestation
The decision highlighted the company's responsibility to ensure the hygiene of its vehicles.
From the Editors
 
Thursday, October 3, 2024
 
Updated at 10:34
 
The 6th court of the JEC of Brasília/DF sentenced the company  to pay a passenger R$6,000 in moral damages, after she endured a 15-hour trip on a bus infested with cockroaches.
 
For the board, it is the company's responsibility to promote proper cleaning of its fleet.
 
The consumer had purchased a ticket for the route from Brasília/DF to PI, in executive class, located in the upper part of the vehicle. Upon noticing the infestation of cockroaches, she requested to change seats and was transferred to sleeper class, on the lower floor of the bus.
 
However, the problem persisted, forcing the passenger to live with the insects throughout the trip.
 
 
Transport company is fined for trip on bus infested with cockroaches. (Image: Reproduction/Social media)
In its defense, the company claimed that there was no proof of infestation and that its fleet undergoes regular cleaning. It also stated that the insects could have been inadvertently transported by the passengers themselves, in bags containing food, and that the reported facts would only constitute a mere annoyance, without giving rise to the right to compensation for moral damages.
 
The judge responsible for the case, when analyzing the videos presented by the passenger, found the presence of several cockroaches in various parts of the bus, including the seat, the floor, the sides and the ceiling, close to the seat occupied by the author.
 
He also highlighted that the relationship between the parties is governed by the CDC, which imposes the supplier's responsibility for poor service provision.
 
It is the defendant's obligation to ensure that the service is provided efficiently and in hygienic conditions, and it is its responsibility to ensure that its fleet is properly cleaned, and it cannot pass the burden on to its customers, said the judge.
 
In view of this was ordered to pay compensation to the consumer, in an amount set as compensation for the damages suffered and with the aim of discouraging similar practices in the future.
 
Process : 0700707-67.2024.8.07.0016
 
link: https://www.migalhas.com.br/quentes/416483/viacao-de-onibus-e-condenada-por-viagem-com-infestacao-de-baratas
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ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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