TelexFREE URGENTE: Juíza Thaís Khalil determina que empresa libere acesso aos escritórios virtuais em 10 dias

Réus deverão disponibilizar no prazo de dez dias o acesso dos divulgadores aos seus escritórios virtuais, mas apenas para consulta e continuem vedadas novas adesões, qualquer tipo de pagamento ou movimentação referente à rede Telexfree.

Em decisão proferida na última quinta-feira (12), a juíza de Direito Thaís Khalil, titular da 2ª Vara Cível da Comarca de Rio Branco, decidiu receber os recursos de apelação apresentados tanto pelo autor (Ministério Público Estadual), como pelos réus (Ympactus Comercial Ltda e outros) – no que diz respeito ao processo nº 0800224-44.2013.8.01.0001).

Os recursos foram recebidos no efeito devolutivo e ambas as partes já apresentaram suas contrarrazões. Os autos já foram encaminhados ao Tribunal de Justiça do Acre (TJAC), para julgamento das apelações.

Em outras palavras, o efeito devolutivo ocorre quando o juiz “devolve” ao Tribunal o conhecimento da causa para uma nova apreciação, no entanto pode manter a execução provisória da sentença proferida em 1ª Instância até o julgamento do recurso. De maneira ainda mais clara, está mantida a sentença proferida pela juíza de Direito Thaís Khalil em setembro de 2015, na qual condenou a Telexfree a pagar indenização por danos extrapatrimoniais coletivos, no valor de 3 milhões de reais, e também a restituir valores aos divulgadores, mas os recursos serão apreciados no âmbito do 2º Grau (TJAC).

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Viabilizando o acesso

Como forma de viabilizar o acesso dos divulgadores às informações acerca da existência e do valor de seus créditos perante a Telexfree, foi determinada aos réus a obrigação de, no prazo de dez dias, disponibilizar o acesso dos divulgadores aos seus escritórios virtuais (back offices). Mas isso é apenas para fins de consulta, de modo que permanecem vedadas novas adesões ou qualquer tipo de pagamento ou movimentação referente à rede Telexfree.

A parte dispositiva da sentença proferida no processo nº 0800224-44.2013.8.01.0001, publicada no Diário da Justiça nº 5.484, de 17 de setembro de 2015. Mas também é possível acessar um link com o seu inteiro teor no endereço: http://www.tjac.jus.br/wp-content/uploads/2015/10/0800224-44.2013.8.01.0001_autos_Telexfree.pdf

As informações são da Ascom TJAC.

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