Acórdão nº0000307-39.2017.8.17.1220 de 4ª Câmara Cível, 18-05-2023
| Data de Julgamento | 18 Maio 2023 |
| Assunto | Indenização por Dano Material |
| Classe processual | Apelação Cível |
| Número do processo | 0000307-39.2017.8.17.1220 |
| Órgão | 4ª Câmara Cível |
| Tipo de documento | Acórdão |
EMENTA APELAÇÃO CÍVEL.
NULIDADE DE CONTRATO.
EMPRÉSTIMO CONSIGNADO.
BANCO. REGULARIDADE NA CONTRATAÇÃO.
AUSÊNCIA DE FRAUDE.
VALIDADE. RECURSO NÃO PROVIDO. 1. Aplicação do Código de Defesa do Consumidor (Lei 8.078/90) aos contratos bancários, na medida em que há uma prestação de serviço e se estabelecendo uma relação de consumo entre a instituição financeira prestadora e o cliente consumidor.
Precedente STJ - Súmula 297. 2. Diante do caso concreto temos que o banco conseguiu comprovar a regular contratação apresentando os contratos assinados e os comprovantes de transferência dos valores. 3. Recurso não provido.
ACÓRDÃO Visto, discutido e votado este recurso, tombado sob o nº 0568976-9, ACORDAM os Desembargadores integrantes da Segunda Câmara Cível do Tribunal de Justiça do Estado de Pernambuco, por unanimidade de votos, em rejeitar a preliminar e, no mérito, negar provimento ao apelo, tudo nos termos dos votos e notas taquigráficas anexas que passam a fazer parte integrante deste aresto.
Recife, Juiz Silvio Romero Beltrão Desembargador Substituto
Para continuar a ler
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