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Three mato-grosenses fell under badault allegedly carried by lawyers who promised to withdraw their name from the credit protection bodies.
These stories originate in a problem that affects about 63 million people: this is the total number of Brazilians who could not pay a debt and who bear the dirty name in the square.
Housewife Danila Fagundes, who lives in Colíder, 648 km from Cuiabá, said she received a message on her mobile phone with the promise to "clean the name of grace". She contacted the number who sent the message and was asked to sign a power of attorney from Licinio Vieira de Almeida Júnior to bring a lawsuit. She had a debt of about $ 250 from a telephone company.
Message received by the housewife, Danila Fagundes – Photo: TVCA / Reproduction
Licínio was a candidate for the deputation "In the election propaganda, he declared that" we will do all that is in our power to make our state more productive, cleaner, with less corruption. "
The" kidnappers "would be responsible for finding people with a restriction in the credit protection bodies and forwarding the cases to the lawyer.
" This was only the case. 39, an illusion, it was only a promise made on the promise and nothing has been done so far. I was unable to pay because I was pregnant and unemployed. the dirty name makes it much harder to go shopping. We can not do much. Most of the time, it must be in view, in money, because the inscriptions are not open, "explains Danila, who was ordered to pay R $ 4,000 for deceiving justice.
Armerindo dos Santos Magalhães, retired, living in Tangará da Serra, 242 km from Cuiabá, was allegedly cheated by the lawyer Luiz Henrique Senff
"I can not read or write. I just know how to sign. More or less. I do not even like to talk. Emotion, is not it? "Said the retired man crying, he says that a boy appeared at his house and made the false promise.
" He said that he was going to clean the name and that he would win all the same 1,000 to 15,000 R $. He guaranteed that he had done everything within the limits of the law, "he told the report, and Armerindo was ordered to pay $ 3,000 for acting in bad faith.
Producer Evandro Siqueira, from Fantástico, is a Brazilian filmmaker and producer.
The man who answered the call said, "I'm going to your house, I'm going to sue." At the age of three months, the lawyer calls you to go.
A few minutes later, the production phone rings.
"They pbaded his phone to the police station, we took cases of people who were refused the name to SPC and Serasa … teenager will go to court saying that the debt did not exist./ And on the other hand: that there was an improper charge of interest and that the client was embarrbaded to get dirty. "
" You only understand if the lawyer wins the case, understand Are you? It's 50% .It is half way.If it does not win the lawsuit, it also cleans the person's name and it does not pay for it. not the real name, "says the man.
The officer also tells our producer what he should do at the time of the hearing with the judge./
"Who will speak to you there, it is the lawyer. You will only know the amount you will receive and nothing else.The maximum ceiling we can obtain is R $ 10,000. "
Marcelo Kawauti, Chief Economist of the SPC of Brazil, warns that the only way to lift the name restriction is to pay the debt. "If this debt exists, it will not go away because it has been brought to justice.The only way to clarify the name is to make full payment of that debt or to negotiate with the lender," says -he.
Mato Grosso is the state where, proportionately, more lawsuits were filed last year. According to the court, this growth is due to a flood of lawsuits seeking compensation for moral damages. And many of these actions are a joke.
Judge Fernando Kendi Ishikawa repudiates the action.
"We compiled a list of several professionals with thousands of actions in the state who used the judiciary for extremely delicate conduct."
There were 515,402 new processes of all kinds in 2017 in Mato Grosso. This represents 14,379 for every 100,000 population. The national average was 12,519 for each 100,000 population.
According to Maria Aparecida Ribeiro, general rector of justice in Mato Grosso, it is possible that a mafia act.
"It gives the impression that there is a mafia and this mafia must be ended, while some work with seriousness and honesty, others get customers and without this clientele knowing it," says he.
The lawyer Luiz Henrique Senff has already been general magistrate at the city of Cuiabá. In 2012, he tried to become councilor of the capital mato grosso, but he was not elected.
For the fantastic, stated that he had not committed any irregularities as a lawyer. He blames the customer.
He says that it is Armerindo who came to the office and that he said that he had no debt.
In the note, Luiz Henrique Senff misses the name of the client.
licensed lawyer Licino Viera de Almeida Júnior entered with more than 5.6 thousand shares in Mato Grosso alone, most with moral damages claims.
It is also present in other states: in São Paulo, for example, there are about 1,200 shares; and in Santa Catarina, 800. In addition, claims for compensation amount to only R25 million in Santa Catarina court.
Fantástico asked the Licinius lawyer.
"We are working properly, in accordance with the code of ethics established by the OAB not only from Mato Grosso, but also from other states that we also defend," he said. .
He says he appeals convictions and also blames clients.
"Every customer knows the process.All customers have allowed entry with the process.If you get the documents that are filed, you have statements from customers that tell you about the refusal," said l & # 39; lawyer.
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