TJ-MG condemns BR-040 concessionaire for failure to provide service

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The public service concessionaire benefits from the operation of the highway, receiving remuneration from the user. Therefore, you must be liable for damages caused by defects in your service provision. With this understanding, the 13th Civil Chamber of the Court of Justice of Minas Gerais condemned the Juiz de Fora/Rio Highway Concession Company (Concer). The company must compensate three people for moral damages. They were left without help after an accident and will each receive R$2,000. The car owner will be reimbursed R$1,100 for repairs to the vehicle. On February 11, 2016, the vehicle fell into a hole in the road, leaving both tires on the left side torn.

They walked four kilometers to the nearest Binance App Users Data police station, where they were able to call the dealership. Assistance was only provided after 11pm, with the vehicle being sent to record the incident. According to the passengers, the dealership refused to change the tires and, as a result, they had to call an insurance tow truck. As a result, they only managed to get home at 8am the next day, exhausted by the situation. Decisions In the first instance, judge Francisco José da Silva, from the 6th Civil Court of the District of Juiz de Fora, understood that the concessionaires are responsible for the accident, as they charge their users to provide a service, which makes them responsible when the service is defective.



Concer argued that the fact caused mere inconvenience, and there was no reason to compensate for moral damages. The three authors claimed that the amount, being very low, would not discourage the company from repeating new harmful practices. The rapporteur, judge Luiz Carlos Gomes da Mata, maintained the decision on the basis that road service concessionaires are suppliers, as they provide services on a regular and remunerated basis to an indeterminate number of people, who can be considered consumers. Therefore, it is the duty of the company responsible for the highway to ensure safe and peaceful traffic for users, as well as to adopt necessary preventive measures to prevent the invasion of the road by animals from neighboring properties.