TelexFREE: Juiz determina que divulgador será ressarcido por prejuízo com ‘esquema de pirâmide’

Uma decisão da Justiça do Espírito Santo, publicada nesta segunda-feira (25), do juiz Marcelo Pimentel, da 10ª Vara Cível de Vitória, julgou parcialmente procedente uma ação ordinária movida por um “divulgador” da Telexfree (nome fantasia da empresa Ympactus Comercial Ltda). Na decisão publicada nesta segunda-feira (25), a empresa – que entrou com pedido de recuperação judicial – terá que ressarcir todo o prejuízo causado ao cliente, estimado em R$ 21,4 mil, além do pagamento de indenização por dano moral, fixado em mais R$ 3 mil. A sentença ainda cabe recurso.

Consta nos autos do processo (0011681-71.2015.8.08.0024) que o autor da ação R.E.D.S. fez um contrato com a Telexfree em junho de 2013 no valor total de R$ 33 mil para divulgar o pacote de telefonia VoIP (via internet). Ele alega que foi atraído a fazer parte do chamado “negócio”, que, na verdade, seria um esquema de pirâmide financeira – como denunciou o Ministério Público Federal. Ele cobrava a rescisão do contrato e o ressarcimento do prejuízo, além do pagamento de indenização no valor de R$ 50 mil. No entanto, os valores foram ajustados pelo magistrado.

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Na sentença assinada no dia 23 de outubro, o juiz Marcelo Pimentel alegou que o divulgador comprovou efetivamente ter sofrido um prejuízo de R$ 21,4 mil com o esquema. O togado cita que a empresa teve os bens bloqueados pela Justiça estadual do Acre para garantir aos participantes o direito de serem ressarcidos. “Não restam dúvidas de que a tese da ré [Telexfree] não se sustenta, pois o autor fora instado por agentes credenciados ou mesmo por maciças propagandas veiculadas na mídia, a firmar o referido contrato, sob a promessa de ganho mensal em curto período”, afirmou.

Citando as investigações contra a empresa na esfera federal, o juiz afirma que a Telexfree teria montado um esquema Ponzi (similar ao esquema de pirâmide financeira) sob a fachada de uma provedora de telefonia, sem a autorização da Anatel, sediada no Espírito Santo. Marcelo Pimentel detalha como funciona o esquema, que prometia “retorno extraordinário e em curto prazo” desde que fossem conquistadas novas adesões.

“É o caso dos autos, onde o autor foi envolvido sob falsas promessas de enriquecimento rápido. […] Por essas razões, entendo pela procedência do pedido quanto à restituição dos valores pagos, devidamente corrigidos, bem como pela rescisão contratual, tendo em vista que se tratou de um negócio no mínimo temerário”, conclui o juiz, que fixou o valor da indenização bem abaixo do solicitado, de acordo com ele, servindo de caráter pedagógico para desestimular a prática de atos em desarmonia com a legislação vigente.

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Com informações são do Século Diário e G1.

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