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Banco do Brasil is ordered to indemnify delegate in case of fraudulent loan


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A police chief from Bahia was the victim of a fraudulent operation that resulted in a debt of more than R $ 800,000 with Banco do Brasil.

According to the process, a trusted employee of the institution – “Relationship Manager” – opened an account in the name of delegate Josemar Batista Chianca and made several loans.

According to the records, the loans were made in the Direct Consumer Credit (CDC) modality, the sum of which reached the amount of R $ 883,772.85. Banco do Brasil then became a defendant in a Declaratory Indemnity Action filed by Chianca.

According to the descriptions in the process – nº 8003242-98.2019.8.05.0113, which runs at the 1st District Court of the District, in that state, in Itabuna -, the delegate reported that last year he started to receive charges from the financial institution and that he did not he was aware of such debts.

He then searched for Banco do Brasil's Estilo Bessa agency, which is located in João Pessoa-PB. He then discovered the existence of an account opened in his name and which had been used fraudulently for years.

At first, the process says, at first Banco do Brasil filed a totally generic challenge, claiming that the plaintiff had signed all contracts and assumed all debts.

However, when summoned, to comment on possible new evidence to be produced, "the defendant changed his procedural defense and acknowledged the veracity of the facts alleged by the plaintiff".

“After Banco do Brasil's internal investigations were concluded, all the operations contracted on behalf of the author of this action were canceled,” says an excerpt from the institution's petition.

Still according to the petition, "such loss fell exclusively on the assets of the defendant bank, according to documents now attached".

Banco do Brasil is condemned

Judge Gláucio Rogério Lopes Klipel partially upheld the requests made by Chianca and determined that Banco do Brasil cancel within five days “contracts that are the subject of this case, as well as the charges in this case mentioned”.

He also ordered the institution to pay the procedural costs, as well as the attorney's fees of the plaintiff, which he fixed at 20% of the updated value of the sentence, considering Article 85 of the Civil Procedure Code.

Moral damages

Although the delegate has not been denied credit protection records due to debts, he should receive compensation for moral damages.

The judge understood "a huge amount of damage for the perpetrator, repeat, Civil Police Chief, responsible for fighting crime".

"Precisely because he is a Civil Police Delegate, and his position is linked to the fight against crime, he cannot have his name linked to any criminal scheme," said the judge.

The indemnity for pain and suffering was fixed at R $ 15 thousand.

As Klipel described, the money will serve both as a way for the defendant to be punished for his negligence and as a way to really compensate the grief, embarrassment and other negative feelings experienced by the plaintiff.

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