Malévola perde ação contra banco e fica sem indenização
A criadora de conteúdo Malévola sofreu uma derrota nos tribunais em um processo movido contra o Banco C6. A disputa judicial teve início em agosto, quando a famosa constatou a retenção de aproximadamente R$ 8,2 mil em sua conta bancária. Diante do ocorrido, ela exigiu uma compensação de R$ 50 mil por danos morais, contudo, o pleito foi rejeitado em primeira instância. Cabe recurso contra a determinação.
Detalhes da sentença judicial O julgamento ocorreu na Vara do Juizado Especial Cível da Comarca de São Bernardo do Campo, estado de São Paulo. A sentença foi emitida em 9 de outubro pelo juiz Carlos Gustavo Visconti.
O início do litígio com a instituição financeira No processo, a influenciadora argumentou que foi pega de surpresa com a retenção de cerca de R$ 8,2 mil em sua conta no Banco C6. Na época, ela alegou que a restrição financeira decorria de uma ação criminal na qual não figurava como investigada, ré, testemunha ou parte interessada. Por causa do transtorno, acionou o poder judiciário exigindo a reparação financeira.
A fundamentação da decisão do magistrado Ao avaliar os argumentos apresentados, o juiz considerou o pedido improcedente. A fundamentação indicou que a instituição bancária limitou-se a executar uma ordem de constrição emitida pela Justiça, a qual continha expressamente o nome e o CPF da criadora de conteúdo.
O magistrado enfatizou que a instituição financeira não tem a prerrogativa de julgar o mérito ou questionar a validade da determinação judicial. O texto legal também apontou que, tão logo a ordem de liberação foi emitida, o Banco C6 realizou o desbloqueio das quantias.
Ausência de comprovação de falhas adicionais Adicionalmente, apontou-se que a parte autora não conseguiu demonstrar lentidão no atendimento à ordem ou a retenção persistente de recursos. Ao afastar a indenização, a Justiça pontuou que o aborrecimento vivido por Malévola não partiu de um ato ilegal da empresa, mas sim dos desdobramentos de uma ordem judicial. Eventuais questionamentos sobre o bloqueio devem ser direcionados ao processo que originou a medida.
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