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Grads
Senior Member
Joined: 20 March 2011 Location: Brazil Online Status: Offline Posts: 606 |
![]() Posted: 18 July 2012 at 17:30 |
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@Sven: The juizados you mention sound like a very positive thing. Brasil has good consumer protection laws, and all too often service entities provide poor service anyway. It is good to know that there is a means for the consumer to take action and hold them to account. Perhaps this will improve overall service someday. I hope that whoever can will be able to take such action whenever it is called for…not just for money (which is nice) but also for enforcement.
As to the case of the wall, it has several interesting legal ramifications, and I learned from it. It is also is an example of lack of common sense. The defense lawyers did not acknowledge the facts of the case, and their weak defense seemed to surprised even the judge. His sentence was certainly no nonsense, though. In their arrogance (I don’t know what else to call it), the defense lawyers represented their clients poorly, even though I’m sure they got the full honorario, plus. We always honestly seek and document compromise before taking action. Our case was not for damages, only that they move the wall, and we offered them another last opportunity to compromise at the audience. They refused to listen or even negotiate, and this left no other option than to proceed. They have also left themselves open for a big damage suit, because their wall blocked the right of way to our property where we were planning to build. Now that the case has been denied any further appeals, it will be interesting to see what they will tell several thousand residents of the condominium about this potentially expensive situation, which is now simply a matter of an obligation to be made and a big multa for every day it is not. The developer is wealthy and the cause of the initial problem, so we do not feel much sympathy for him. I can almost imagine another raft of law suits against the developer emanating from this outcome. We plan to be proactive to bring this case to resolution, we will do so as the justice system allows. At this point, a tutela antecipada appears the logical next step to get their attention, but the case is still awaiting the transit from the appeals court back to the court of origin for execution, so we are patient. Of course, with a large ticking fine, we will move in a VERY deliberate manner. Some restitution is appropriate, and they will provide us plenty of multa money through their continued ineptitude until everything is resolved. Though it is serious business, it is comic in some ways. Edited by Grads - 18 July 2012 at 17:33 |
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Quem puxa os seus nao degenara.
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sven
Gringoes.com Guru
Joined: 14 March 2007 Location: Brazil Online Status: Offline Posts: 12777 |
![]() Posted: 18 July 2012 at 19:56 |
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O can't say much more on your wall issue as you obviously have a lawyer, and a good one, so, on a personal note, I'd let the multa run up to some 60 K (one month) and then ask the judge to do it yourself and have them pay for it. Remember that the multa can be capped.
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agri2001
Senior Member
Joined: 28 June 2009 Location: Brazil Online Status: Offline Posts: 767 |
![]() Posted: 18 July 2012 at 20:18 |
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Is it possible to attache the defendants bank account with that judgement?
BTW welcome back Sven, that was a quick reinstatement |
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Athiests are moral, they don't kill over religion.
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sven
Gringoes.com Guru
Joined: 14 March 2007 Location: Brazil Online Status: Offline Posts: 12777 |
![]() Posted: 18 July 2012 at 22:03 |
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Yes, the fine is in favor of the plaintive, so when the amount comes up to something that's worth while, they can execute the defendant for the value of the fine.
Fines like this can't run forever as that would be considered "enriquecimento sem causa". That's why a judge would cap the fine. 60k (one month in this case) is a nice amount. So, on a personal note, I would take the fine and get the wall down on my expense and have the defendant pay me for it. But that's just my response to your question. |
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digiwench
Groupie
Joined: 20 June 2009 Location: Canada Online Status: Offline Posts: 57 |
![]() Posted: 25 July 2012 at 00:44 |
When I went to Rio in 2001 my aunt was selling my grandparents huge spread on Rui Barbosa, and I was hauling memorabilia back to the US The neighbors who had the floor below her accosted me in the elevator one day to see if it was possible fo rme to get a job for their son in NYC The neighbors were both lawyers and owned their own firm, yet they were having difficulties One of my former colleagues became a minister in Lula's government, yet ALL his children continued to live in NYC, SF or London Wouldn't you think that with their dad in an extremely prominent position they would return to Brazil to capitalize off that? Why the continued residence in NYC and abroad? I think it comes down to the same issues: money. It is possible to make very good money in the US and UK, and in addition, for most Brazilians success is measured often as success in the exterior, not at home go figure....even as countless Americans and Brits flock to Brazil to try and make a success "Aqui, tem que matar um leao por dia so pra sobreviver" is what the husband told me and then I remembered the long list of people, from my father who was an acclaimed artist and cartoonist in Brazil, to numerous family members and filmmkers I have represented All with the same story about how hard it is to make money in Brazil The only people I know who seem to do well are 1) A fairly well known billioinaire and his mistress, (whoI know) and she does very well living off him, lol fwiw, she lives very well off his monthly allowance in NYC, not Brazil.. 2) A filmmaker couple who own many movie chains 3) Some people my father knew who had their own business and construction firms, and somehow large amounts of money came into their lives..something about construction and cash business seems to generate real money ...and many government and police connections 4) Some children of very rich parents, who again we have no idea how they made their money, who live off the largesse of their parents and always have new expensive cars and nice apartments 5) My cousins who have awesome retirements after working for the government for 25 years (the recommended route) All this said, it astounds me when I hear of the current cost of living in Brazil How do they pull it off? Is it all credit cards? Do they have 5 familiy members living with them? WTF? Anyway...if my family, who are fairly well to do in Brazil, all college educated of nobre familia and European or US work experience, are having these kinds of issues, I can only imagine expats with zero or few pistolao or connections. Brazil is a wonderful place to live, but making a living there is a merda I was told this when I was 12, and it seems to be largely true even today If someone has the secret to living well in Brazil, from a Brazilian source, please share Edited by digiwench - 25 July 2012 at 00:58 |
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thenameofthegam
Groupie
Joined: 23 August 2010 Location: Brazil Online Status: Offline Posts: 49 |
![]() Posted: 07 August 2012 at 19:40 |
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Brazil is for holidays was the first thing my father in law told me. He's a well to do journalist working for O Globo...of course I ignored him at first.
Now I created a better life in the U.K with the chance to at least kive half the year in Brazil, that's the way I'm thinking these days... |
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hpeak13
Gringoes.com Guru
Joined: 14 July 2009 Location: Brazil Online Status: Offline Posts: 2128 |
![]() Posted: 07 August 2012 at 19:50 |
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these "brazil is 100% this" or "America/England/Europe is 100% this" threads are quite amusing. There is no 100%...it's just opinions. Life in Rio/SP is very different from Pará so too is life in NYC/San Fran different from life in Alabama or North Dakota. It just boils down to what works for each individual...
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We all have to decide for ourselves how much sin we can live with. -Enoch Nucky Thompson
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thenameofthegam
Groupie
Joined: 23 August 2010 Location: Brazil Online Status: Offline Posts: 49 |
![]() Posted: 07 August 2012 at 20:03 |
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But it's not amusing buddy. It's pretty darn serious.
There are people thinking that life will be better in Brazil, if you forget for a second about the monkeys and bananas and the samba it becomes a pretty serious question. If you are single and free and don't care too much about material then Brazil is good but for those with baggage / adult life, it's a real debate which needs to be hammered out. IMO and no disrespect. |
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hpeak13
Gringoes.com Guru
Joined: 14 July 2009 Location: Brazil Online Status: Offline Posts: 2128 |
![]() Posted: 07 August 2012 at 20:09 |
I am married and quite happy here. And I actually would say that my life is better here overall. |
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We all have to decide for ourselves how much sin we can live with. -Enoch Nucky Thompson
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thenameofthegam
Groupie
Joined: 23 August 2010 Location: Brazil Online Status: Offline Posts: 49 |
![]() Posted: 07 August 2012 at 20:23 |
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It's easy to be happy in Brazil bit it's not a silly debate and it's possible to make a mistake trying to go there so it's not that funny though I agree it's not a cut and dry thing
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