Post by account_disabled on Mar 13, 2024 1:12:07 GMT -5
The complaint, due to its incidental and exceptional nature, serves to preserve the competence and guarantee of the judgments when they are objectively violated. Therefore, it cannot be used as a substitute appeal to discuss the content of the contested decision.
Based on this understanding, the Chamber of Delegated Functions of the Superior Courts, of the Court of Justice of Rio Grande do Sul, extinguished a complaint handled by two e-commerce sites against the ruling of the 2nd Civil Appeal Panel that condemned one of them as co-responsible for violating Copyright. The complainants maintained that the ruling contradicted the understanding adopted by the TJ-RS and the Superior Court of Justice in similar actions
The Chamber's decision complies B2B Lead with the provisions of article 485, item IV, of the Civil Procedure Code (CPC) — "the judge will not resolve the merits when he verifies the absence of conditions for the constitution and valid and regular development of the process" .
Without violating higher jurisprudence
The rapporteur of the complaint, judge Ney Wiedemann Neto, pointed out that the complaint route is not suitable for reviewing the decisions of the Appeal Panels . Rather , it is consistent with cases of violation of understandings established by the STJ , solidified in an incident of assumption of jurisdiction (IAC) , incident of resolving repetitive demands ( IRDR ) , judgment of a repetitive special appeal or statement from the summary of the same court – which does not occur in the present case.
"In this case, there is no offense to the qualified judgments of the Superior Court capable of accepting the request made in this complaint, making it unnecessary to re-analyze the evidence or even recognize any possible injustice alleged in the interpretation given by the Appeals Panel, as the understanding of the STJ is unanimous in meaning that the complaint cannot serve as a substitute for appeal, and the offense must be objective", fulminated the judge-rapporteur, in a ruling drawn up in the virtual session of July 15th.
Copyright infringement
The litigation began when the engineer José Milton de Araújo, author of the collection "Reinforced Concrete Course, Volumes I, II, III, IV", and the book "Reinforced Concrete Building Project", saw his works being offered for sale in PDF format, without your authorization, in the online store on the Mercado Livre website , which uses Mercado Pago.Com as an e-commerce payment tool. Araújo and Editora Dunas (Patrícia Peixoto de Araújo ME), which has been selling its Engineering books and software since 1997, then filed a civil liability claim against Mercado Pago.Com.
In view of the copyright infringement and economic loss, the authors requested , as an injunction, the removal of José Milton de Araújo 's books from the website. And, on the merits, they requested the payment of moral and material damages, respectively in the amount of R$6,900 and R$31,800.
In its response, Mercado Pago.Com claimed passive illegitimacy, arguing that it is merely the payment management platform, both for Mercado Livre and other sites. He mentioned that it is the user of the platform, the seller, who establishes the product to be sold, the terms of the offer and the entire content of the advertisement.