TelexFREE não terá direito à indenização por figurar em lista de ‘não recomendada’

O juiz da 8ª Vara Cível de Vitória, Manoel Cruz Doval, julgou improcedente uma ação movida pela empresa Ympactus Comercial – cujo nome fantasia é Telexfree – contra o site Reclame Aqui, que garante um canal para crítica dos consumidores. Na decisão prolatada nessa segunda-feira (23), o magistrado afastou a ocorrência de dano moral à empresa, que está sendo investigada da prática de “pirâmide financeira”. Além de não obter êxito no processo, a Telexfree foi condenada a pagar as custas processuais e os honorários dos advogados.

Na sentença, o juiz relatou que não vislumbrou abusos ou excessos na divulgação do ranking, mas apenas o direito à informação. Ele lembrou ainda que o site disponibiliza espaço público para que as empresas contestem as reclamações dos usuários. “Portanto, o bom ou mau conceito da empresa dependerá da adoção por si de meios adequados de atendimento aos seus contratantes, sem que isso reflita em abuso ou excesso, já que nada mais é do que o simples direito à informação agregado por terceiros”, reforçou.

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Nos autos do processo, a Telexfree sustentava que a inclusão do nome da empresa na lista de “não recomendada” denegria a imagem da companhia. A ação afirmava também que a lista era formada por meio de critérios unilaterais sem direito ao contraditório. Em sua defesa, o site alegou, entre outros pontos, que a acusação não se sustenta. Entre os pedidos da ação, a Telexfree pedia a supressão de todos os comentários negativos em relação à sua atuação. A sentença ainda cabe recurso por parte da empresa, que está proibida de operar no País pela Justiça e está solicitando a abertura de um processo de recuperação judicial.

As investigações da Polícia Federal contra a Telexfree foram iniciadas em dezembro de 2013 após o recebimento de denúncias da formação do esquema de pirâmide. Os responsáveis pela empresa podem responder pelos crimes tributários na atuação dos divulgadores, além de suposto crime contra a economia popular, com formação de pirâmide financeira, estelionato e de induzimento à especulação, de acordo com a PF – que já deflagrou duas operações contra o esquema, a mais recente em outubro do ano passado. A sede da empresa ficava na Enseada do Suá, em Vitória.

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