Telecom Company Ordered to Pay R$ 5,000 for Incorrect Charge of R$ 43.17 That Kept Consumer Negatively Affected for 4 Years

Written by Carla Teles

Published on 12/11/2025 at 18:22

Cobrança indevida de R$ 43 vira indenização de R$ 5 mil. Entenda por que a Justiça de MT condenou a operadora por falha no serviço e dano moral.

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Mato Grosso Court Understands That Failure in Service Provision Caused Moral Damage After Improper Charge; Decision Was Unanimous.

An improper charge of R$ 43.17 resulted in a condemnation of R$ 5,000 for moral damages against a telecommunications company. The decision, confirmed by the 1st Chamber of Private Law of the Mato Grosso Court of Justice (TJ-MT), benefits a consumer whose name was negatively listed for a debt he claimed to have never incurred.

According to information from the Consultor Jurídico portal, the consumer discovered that the restriction on his name had already lasted four years, linked to a supposed contract he denies having signed. The first instance court had already ordered compensation and removal of the name from the delinquent registries, but the operator decided to appeal the verdict, bringing the case to the second instance.

The Failure to Prove the Contract

The central point of the decision, as highlighted by the case rapporteur at TJ-MT, Judge Clarice Claudino da Silva, was the telecommunications operator’s inability to prove the existence of the legal relationship. The company, which appealed the initial decision, did not present evidence that the contested contract was actually signed by the consumer.

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Presumed Moral Damage from Negative Listing

The R$ 5,000 condemnation was upheld because, in the court’s view, the improper charge followed by negative listing generates “presumed moral damage”. This means that the consumer does not need to prove that he suffered embarrassment or loss; the mere fact of having an unjustly “dirty” name is sufficient to characterize the damage.

Judge Clarice Claudino da Silva was clear in stating that “the improper inclusion of the consumer’s name in the delinquent registry characterizes failure in service provision.” As cited by Consultor Jurídico, the rapporteur concluded that “the credit restriction, in itself, constitutes an injury to personality rights, especially when there is no just cause.” The decision of the 1st Chamber of Private Law was unanimous, confirming the previous sentence.

The TJ-MT decision serves as a warning for practices of improper charging and the importance of contract management by operators. Even amounts considered low, such as R$ 43.17, can lead to significantly higher condemnations when there is a failure in service provision and unjust negative listings.

Have you ever been through a similar situation with improper charging? Do you think that the amount of R$ 5,000 is fair for the negative listing that lasted four years? Leave your opinion in the comments; we want to know about your experience.

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Telecom Company Ordered to Pay R$ 5,000 for Incorrect Charge of R$ 43.17 That Kept Consumer Negatively Affected for 4 Years

Mato Grosso Court Understands That Failure in Service Provision Caused Moral Damage After Improper Charge; Decision Was Unanimous.

The Failure to Prove the Contract

Presumed Moral Damage from Negative Listing

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Telecom Company Ordered to Pay R$ 5,000 for Incorrect Charge of R$ 43.17 That Kept Consumer Negatively Affected for 4 Years

Mato Grosso Court Understands That Failure in Service Provision Caused Moral Damage After Improper Charge; Decision Was Unanimous.

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Presumed Moral Damage from Negative Listing

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On the coast of China, fishermen received an official reward after finding 10 foreign underwater devices capable of “stealing secrets” in just two years, showing that the silent war for the seabed has already reached the nets of those who rely on fishing.

A view from space, an image made by NASA shows the impressive Richat Structure, a geological formation located in the Sahara Desert, also known as the “Eye of the Sahara.”

In the South Atlantic, three isolated volcanic islands cause the wind to draw perfect spirals visible from space: a rare phenomenon called von Kármán vortex streets forms symmetrical patterns behind the peaks of the South Sandwich Islands and was recorded by the NOAA-20 satellite in 2025.

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