Arbitral Institutions – 1
6-/-0/2005 – Case No. 2005-145858 – Opinion issued by the Rio de Janeiro State Supreme Court (TJRJ) – Answer to SEDCON’s official letter 120/2005
Secretaria de Estado de Defesa do Consumidor [consumer defense state secretariat] – Official request to the Rio de Janeiro State Supreme Court regarding proposed “agreement” with the Superior Tribunal de Justiça Arbitral [superior arbitral tribunal] (STJA) – Records of cases in which the Rio de Janeiro State Supreme Court criticizes abuses by entities allegedly supported by the arbitration act (search and seizure of “judge” IDs, self authorization to bear arms, use of the Federative Republic of Brazil symbol) – Irregular activity concerning arbitration entities – Reprimand to the intent of creating confusion through the use of terms typically used in court organization laws and in the code of civil procedure – Opinion to SEDCON expressing hesitation with regard to the activity of arbitral entities, thus not referring specifically to the STJA
Arbitral Institutions – 2
7-/-0/2005 – Appeal 70004 02 3669/2002 – Rio Grande do Sul State Supreme Court (TJRS) – Attorney’s Office (MP) vs. Rubem Molina
CLASS ACTION. DECEPTIVE ADVERTISING. ART. 37 OF THE CONSUMER CODE (CDC). ARBITRATOR AND MEDIATOR PREPARATORY COURSES ADVERTISED IN THE MEDIA, ASSURING HIGH SALARIES, THE POSSIBILITY OF WORKING AT ESTABLISHED CHAMBERS AND SPEAKERS WHO DID NOT CONFIRM PRESENCE. INFORMATION THAT DO NOT CORRESPOND TO REALITY. WHENEVER AN ADVERTISEMENT IS ABLE TO MISLEAD CONSUMERS, EVEN WHEN THIS IS NOT THE ADVERTISER’S INTENT, SUCH ADVERTISEMENT IS CONSIDERED DECEPTIVE ACCORDING TO THE TERMS OF THE CONSUMER CODE. DECISION UPHELD.
APPEAL DENIED. UNANIMOUS DECISION.
Arbitral Institutions – 3
8 -/-0/2005 – Case No. 1.26.000.001944/2004-74 – Government Attorney’s Office (MPF) – Pernambuco State Attorney’s Office – “TJF”
Complaint filed by an attorney – Request to investigate an entity known as “Tribunal Federal de Justiça Arbitral do Brasil – TJF” [Brazilian federal court of arbitration] – Accounts that such institution uses the Brazilian coat of arms – Accounts that such institution offers preparatory courses for arbitrators and prepares/provides “arbitrator” IDs – The institution location affects the activity of the Rio de Janeiro State Attorney’s Office – Refusal of the State of Pernambuco Attorney’s Office in favor of the State of Rio de Janeiro Attorney’s Office.
Arbitral Institutions – 4
5-/-0/2005 – Appeal 700008060246 – Rio Grande do Sul State Supreme Court (TJRS) – MPRS vs. AJAB
“Class” action grounded on supposed violation to rules of the Consumer Code – Attorney’s Office alleged that the arbitral institution does deceptive advertising – Deceptive advertising due to a lack of clear explanation about the institution and services provided by the institution – Collective interest arises from the “dangerous consequences” of the act “on arbitration, disparaging and injuring the reputation of arbitrators and mediators in general” – Claim granted – Condemnation to pay/reimburse amounts received and transfer amounts to “Fundo de Reconstituição de Bens dos Lesados” [injured parties’ assets recovery fund] – Decision upheld.