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Unanimous Decision of the 2nd Appeals Chamber of the Federal District Upheld Conviction of Supermarket for Sale of 14 Kg of Spoiled Meat, Recognizing Failure in Service, Risk to Food Safety and Duty to Compensate Consumer
The 2nd Appeals Chamber of the Special Courts of the Federal District upheld the decision that condemns the supermarket to reimburse R$ 418.55 and pay R$ 800.00 for moral damages to a consumer who purchased 14 kg of spoiled meat in Ceilândia, reinforcing the objective liability of the supplier.
The panel confirmed the understanding that there was a failure in the provision of the service, with a direct impact on consumer trust and food safety, fully maintaining the sentence issued by the 1st Special Civil Court of Ceilândia.
According to the records, the consumer purchased 14 kg of meat at the establishment and, upon opening the packaging, identified a strong odor and bluish coloration, incompatible with consumption, characterizing the product as unfit for human consumption.
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The plaintiff reported that he returned to the supermarket, showed the meat to the staff, and requested a refund of the amount paid, a request that was denied, which motivated the filing of the indemnity action.
Arguments of the Appeal and Analysis of the Appeals Chamber
In the appeal, the supermarket argued the absence of an unlawful act, claiming that the products are properly stored and that perishable food should be consumed immediately or kept in an appropriate location.
The 2nd Appeals Chamber rejected the argument, stating that a product showing signs of deterioration exceeds the risks reasonably expected by the consumer concerning quality and safety, constituting a defect and generating objective liability.
“The failure in the provision of food service compromises the legitimate trust of the consumer and leads to a situation of food insecurity,” the panel emphasized, recognizing the duty for full reimbursement of the amount paid.
Moral Damages and Values Established in the Conviction
Regarding moral damages, the Chamber explained that it arises from exposing the consumer to concrete risk, violating the fundamental right to adequate and safe food, affecting physical, psychological integrity, and dignity.
With this understanding, the conviction of Bravo Comércio Alimentos to pay R$ 418.55 for material damages and R$ 800.00 for moral damages was upheld, in a unanimous decision.
The judgment concludes with the confirmation of the first-instance sentence, issued in process nº 0714263-44.2025.8.07.0003
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3 pessoas reagiram a isso.