Attorney Marcos Antônio Rodrigues dos Santos, who mistakenly received a R$318,000 pix from Globo, must refund the amount plus a monetary correction and interest. The decision will be made by Judge Luiz Felipe Negrão of the 3rd Civil Court of Barra da Tijuca/RJ. In the same week as the incident, the lawyer bought a property.
Who made version
According to Globo, she should have reached an agreement in an industrial tribunal and transferred the amount (R$ 318,000) to the account of the cause’s sponsor.
However, when making the payment, he mistakenly addressed the amount on behalf of another attorney who also has lawsuits against the company and whose details were in the Legal Department’s system.
The company contacted the lawyer (who received it in error) and could not recover the money, which would have already had another destination (purchase of a property).
After not resolving the imbroglio for more than ten days, fearing the delay, she decided to file the lawsuit.
version of the receiver
At the time of the incident, Migalhas was going after the lawyer who mistakenly received the money to find out what happened.
Marcos Antônio Rodrigues dos Santos, who was lucky at the time, gave us his version.
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court decision
Upon analyzing the case files, the judge concluded that Globo’s claim should be upheld.
“It is irrelevant whether the defendant intended to refund the amount or how long he did not respond to the notifications after the plaintiff had called them up: the decisive factor for the application of the rule is the receipt without legal reason, the quantity or the item.”
Therefore, it has been determined that the lawyer shall reimburse the R$ 318,000 with monetary reestablishment from the date of the transfer by the plaintiff (27.12.21) and statutory default interest of 1% pm calculated from 10.01.22. the date on which the sender notified him of the refund of the amount.
See decision.