Consumer protection bodies will require adjustments to justice in banking in the AMAction meets irregularities in 35 of 62 municipalities in the state and has targeted banks Caixa Econômica Federal, Bradesco and Banco do Brazil.
A number of irregularities – noted repeatedly through site visits, documents and consumer testimonials – They took six protection institutions to consumer rights in the Amazon to jointly sue the banks Bradesco, Bank of Brazil and Caixa Economica Federal, having branches and banking services in most Amazonian municipalities, by poor provision of banking services in the State. The action was signed and filed in federal court on Thursday, 13).
The action is more a result of the whole integrated task force work by federal prosecutors in the Amazon (MPF / AM), Amazonas State Public Defender (ECD-AM), Amazonas State Prosecutor (MPE-AM), Order of Lawyers of Brazil - Sectional Amazon (OAB-AM), Executive Secretariat of Protection and Guidance Consumer Amazon (Procon-AM), Ombudsman and Consumer Protection of the Municipality of Manaus (Procon-Manaus).
The Justice, the agencies ask that banks are required, on an urgent basis, to respect the maximum time of service to the public provided for in the Law Queues and meet all withdrawal requests with a limit of up to R $ 5 thousand the same day and, to the next business, the amount of withdrawals above the threshold, whether in agencies or through correspondent banking. The final applications of action include, among other items, the obligation to adjust the physical structure of agencies and service centers in the capital and inside the accessibility standards and orders to pay compensation for collective moral damages in the amount of R $ 700 millions.
To prevent banks simply processed cease to provide services to the population due to the improvement of charges, the task force also asks the court to prohibit Box, Bradesco and Brazil Bank of closed service stations and descredenciarem correspondent banks in the Amazon without replacement in the same neighborhood or municipality, until the process reaches the final decision, under penalty of a fine of R $ 500 thousand for each failure situation.
irregularities - The participating agencies of the task force met, in action, several symbolic situations which show only part of the disorders and constraints that consumers of banking services are submitted in the Amazon. There is concrete information of irregularities and inadequacies in, at least, 35 State municipalities, identified by inspection, documents and numerous complaints from consumers led to the oversight bodies to consumers individually over the years. According to the lawsuit, processed banks showed no plausible justification for the breach of legal duties.
During the realization of the issues of the "MPF in the Community" within the State, They were caught several times situations like limiting banking service hours until 13h, with distribution of passwords that are only met days later. in Guajará, for example, the average waiting time observed during MPF inspection on normal days was two hours, while the Law speaks in Queues 15 minutes. There are also reports of extreme cases where customers were forced to stay overnight in queues to be attended (Tonantins), a woman gave birth to her son in line to receive payment of the Bolsa Família and a lap baby died while waiting in line with her mother to care in Eirunepé, in strong sunlight.
in Manipur, MPF caught a sign posted on the Bank of Brazil agency reported that the limit for no prediction serves as R $ 2 one thousand, in disagreement with the resolution of the National Monetary Council, establishing the amount of R $ 5 thousand as the limit for this type of withdrawal. in Maraã, the situation reported by the MP-AM was even more critical: Consumers complain that the withdrawal limit on paydays is $ 280,00. "It is time to put a stop to the abuses committed by the banks operating in the Amazon. And the only way to reverse this chaotic situation, immediately, It is through judicial intervention on an emergency basis ", support the organs stretch of action.
The civil action awaits court decision
collective damages - The request for condemnation of the banks to the payment of compensation for collective moral damage, as stated in the action, It aims to repair the various disorders caused by poor provision of banking services to an unspecified number of people, collectively, They had their standard of living diminished by not having access to a bank service quality.
The action was based on the number of voters Amazon (little more than 2,3 millions) to calculate the minimum value indicated to Justice for compensation, with reference to a tenth of the value usually applied to cases of individual moral damages, resulting in a total of R $ 700 millions, to be borne by individual banks in the following proportion: R$ 300 million to Caixa Econômica Federal; R$ 300 million for Bradesco and R $ 100 million Banco do Brazil, which had the lowest value stipulated for having made fewer complaints of irregularities.