Luke James is a freelance writer and journalist.\u00a0 Although his background is in legal, he has a personal interest in all things tech, especially hardware and microelectronics, and anything regulatory.\u00a0 ","collapsible":{"enabled":true,"maxHeight":250,"readMoreText":"Read more","readLessText":"Read less"}}), "https://slice.vanilla.futurecdn.net/13-4-25/js/authorBio.js"); } else { console.error('%c FTE ','background: #9306F9; color: #ffffff','no lazy slice hydration function available'); } Luke James Social Links Navigation Contributor Luke James is a freelance writer and journalist. Although his background is in legal, he has a personal interest in all things tech, especially hardware and microelectronics, and anything regulatory.
TerryLaze Is there a lawyer in the house?!?! What am I missing? MS has to pay 1.500 within 15 days or will be fined another 10% on top of that?! So how is that forcing MS to do anything? From what I understand this part "enforcement for non-voluntary compliance must be requested by the interested party" means that the account holder would have to force MS themselves to give the account back? yes? no? "In view of the foregoing, I RULE THE REQUEST MERITORIOUS , pursuant to Art. 487, item I of the CPC , to: a) Order the defendant, regarding the obligation to act, to proceed with the unblocking of the account under the plaintiff's email, under the email , within 15 (fifteen) days, under penalty of a daily fine of R$ 150.00 (one hundred and fifty reais), capped at R$ 1,500.00 (one thousand five hundred reais), already understood as conversion into losses and damages, pursuant to Art. 499 of the CPC; and b) Order the defendant to pay, as compensation for moral damages, the amount of R$ 2,000.00 (two thousand reais) to the plaintiff, adjusted for inflation from the current date (Precedent No. 362 of the STJ) pursuant to Art. 389, sole paragraph of the Civil Code, plus statutory default interest from the date of service of process, pursuant to Art. 406, § 1 of the Civil Code. No court costs and attorney's fees, pursuant to Art. 55 of Law 9,099/95. Let the name of the legal counsel designated by the defendant be noted for the purpose of future publications. Should the debtor fail to pay any certain sum that was the subject of the judgment within 15 (fifteen) days from the final and unappealable judgment (trânsito em julgado) of the sentence or ruling, the judgment amount shall be increased by a 10% (ten percent) fine, as provided for in Article 523 of the CPC, regardless of a new formal notice, under the terms of Precedent 97 of FONAJE and Precedent 13.9.1 of TJRJ Notice 23/2008. Once the final and unappealable nature (trânsito em julgado) is certified, and after the 15-day period established in Art. 523 of the CPC, in case of a ruling, enforcement for non-voluntary compliance must be requested by the interested party. Thereafter, if no new motions are filed within 15 days, let the case be closed and archived. After 90 days from archiving, the case records will be disposed of, pursuant to Art. 1 of Joint Regulatory Act 01/2005. The plaintiff, in a potential enforcement proceeding, must observe the following Precedents, contained in TJRJ Notice 23/2008 and Joint Notice TJ/COJES No. 15/2016: Precedent No. 13.9.5 – "Art. 523, §1 of the CPC/2015 does not apply to the amount of the coercive fine."; Precedent No. 14.2.5 – "Attorney fees do not apply,…" Reply
Kindaian Well, from what i understand of law, their only option is to either comply or appeal. Anything else will result in the case being reopened as "non-compliance" with the court, which is almost an automatic penalty. Reply
TechieTwo I have 100% confidence that Microsoft will appeal and magically win on appeal as they magically seem to do in 99.999999999% of lawsuits. They must have "amazing" attorneys… 🙁 Reply
Why_Me The Brazillian judicial system is straight up corrupt. Reply
Key considerations
- Investor positioning can change fast
- Volatility remains possible near catalysts
- Macro rates and liquidity can dominate flows
Reference reading
- https://www.tomshardware.com/video-games/xbox/SPONSORED_LINK_URL
- https://www.tomshardware.com/video-games/xbox/brazilian-court-orders-microsoft-to-restore-a-gamers-account-and-digital-library-after-it-told-him-to-rebuy-his-games#main
- https://www.tomshardware.com/subscription
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Informational only. No financial advice. Do your own research.