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Decision Grants Compensation for Material Damages and Rejects Request for Moral Damages in Case of Poorly Executed Review.
The Court of Justice sets compensation at R$ 4,750.00 for tires with irregular wear! The 6th Civil Chamber of the Court of Justice of the Federal District and Territories recognized the objective responsibility of a dealership for failure to provide proper vehicle service review.
The ruling ended with a condemnation to pay R$ 4,750.00 for material damages, linked to premature and irregular tire wear. The request for moral damages was denied.
The case involves a consumer who works as a taxi driver and bought a brand new car in December 2023, with complaints about issues with the glove compartment and the tires.
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What Happened and Why It Caught Attention
The consumer filed a lawsuit against the dealership and the tire manufacturer after purchasing the vehicle. The acquisition is recorded on 12/04/2023.
The automobile is a GM Spin, model year 2023/2024, with plate SSF 9A75. Among the complaints, defects in the glove compartment and irregular tire wear appeared after a short period of use.
In the first decision, the condemnation was limited to the glove compartment. The appeal led to an analysis of tire wear and the quality of the review service.
What the Justice Considered a Failure in the Review
The conclusion was that the irregular tire wear did not stem from a manufacturing defect. The origin of the problem was linked to the periodic review carried out at the dealership.
The failure was noted in the absence of execution or guidance on essential procedures to preserve tires. This includes rotation, alignment, and balancing.
It was also noted that checking components related to suspension is necessary, as problems in that area can exacerbate irregular tread wear.
What the CDC Says and Why the Responsibility Was Objective
The liability was classified under the Article 14 of the Consumer Defense Code, CDC, which deals with liability for failure in service provision.
In practice, the rule protects the consumer when the service does not deliver the expected quality and safety. When there is damage linked to the service, a duty to compensate may arise.
In this case, the premature wear was connected to how the review was conducted, which supported the condemnation for material damages.
How Much Was Set and What Is Included in the Compensation
The compensation for material damages was set at R$ 4,750.00, an amount associated with the replacement of four tires and the services mentioned in the estimate, such as balancing and alignment.
The update was established from 2/5/2024, with interest accruing from the citation date. The amount was based on the cost practiced by the dealership itself.
In the lawsuit, the consumer had requested the replacement of the parts or payment of R$ 5,837.24, in addition to R$ 10,000.00 for moral damages, but the final condemnation was limited to material reimbursement.
Why Moral Damages Were Denied in the Compensation
The understanding was that annoyances related to contractual noncompliance do not generally constitute moral damage.
The decision required clear demonstration of damage that exceeded common inconveniences, significantly impacting personality rights. This scenario was not recognized in the case.
Thus, the condemnation focused on the material cost linked to the tires and the failure in the review service.
Identification of the Decision and Next Implications
The result was partially granted and unanimous, with signature in Brasília on November 17, 2025. The judgment is Nº 2066289, with reporting by Judge Vera Andrighi.
The decision reinforces a practical point for those who conduct reviews at dealerships: tires with irregular wear may indicate a lack of basic procedures and this may lead to compensation for material damages.
The impact on the consumer is direct, as the compensation targets specific damages, with a defined amount and reference date for updates, keeping the request for moral damages outside of the condemnation in the case of the Process 0726722 21.2024.8.07.0001.
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