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🇧🇷 Brazil /Crime & Justice

Worker earning R$2,000 denied legal aid after living in Guarulhos and filing case in Osasco

From Estadão · () Portuguese

Translated from Portuguese and summarized by DistantNews. Read the original for the full story.

At a glance

News Named sources In the courts
  • A São Paulo judge denied free legal aid to an X-ray technician earning about R$2,000 a month because he filed a case against Bradesco in Osasco while living in Guarulhos.
  • The judge said the worker’s willingness to travel between the cities showed he could afford legal costs, estimated at about R$500, although the round-trip public transport fare is roughly R$20.
  • The worker is appealing after suing Bradesco over a scam involving a car transaction and seeking evidence to identify the fraudster.

An X-ray technician earning about R$2,000 a month has been denied free legal aid after filing a case against Bradesco in Osasco, even though he lives in Guarulhos.

Judge Raphael Martins de Oliveira said the plaintiff demonstrated “economic capacity” by agreeing to travel between the two cities. The round trip by public transport costs around R$20, while the court fees he may now have to pay are expected to reach about R$500.

economic capacity

· Raphael Martins de OliveiraThe judge cited the worker’s willingness to travel between Guarulhos and Osasco when denying free legal aid.

The judge pointed to the worker’s decision to hire a private lawyer whose office is in another city and to bring the case in Osasco, where Bradesco is headquartered. That choice, he wrote, indicated that the plaintiff could attend hearings or other judicial proceedings there and pay the costs without harming his own support or that of his family.

The choice to file the action in the defendant’s home forum, Osasco, despite the plaintiff having full access to justice in the forum of his domicile, Guarulhos, allows the conclusion that the consumer can pay the expenses and court costs without harming his support or that of his family.

· Raphael Martins de OliveiraThe judge explained why he believed the plaintiff could afford the case costs.

The worker attached his pay slips to the case. Tax and other deductions reduce his net income to roughly R$2,000 per month. He sued the bank after becoming the victim of fraud while negotiating the purchase of a car. His action asks Bradesco to produce evidence that could identify the scammer and to show whether it adopted security measures when opening the account used in the crime.

The defense has appealed. Bradesco did not comment. The São Paulo Court of Justice said it does not comment on judicial matters and that judges have functional independence to decide based on the case documents and their own judgment. The court said parties who disagree with a decision may file the appeals provided for by law. The article also notes that the judge’s net pay reached R$69,000 in July, according to National Council of Justice data.

Judges have functional independence to decide according to the documents in the case and their free conviction.

· São Paulo Court of JusticeThe court responded to questions about the ruling and the judge’s authority.
About this summary

Originally published by Estadão in Portuguese. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.

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