Post by account_disabled on Jan 30, 2024 10:15:49 GMT
According to Law 7,347/85, for an association to have the legitimacy to file a public civil action, it must have been established more than a year ago. However, this temporal requirement can be waived when there is a social interest, proven by the extent of the damage. Thus, in a unanimous decision, the 3rd Panel of the Superior Court of Justice reformed the ruling of the Court of Justice of Goiás to recognize the active legitimacy of an association, created less than a year ago, in the legal defense of those with celiac disease. The association filed a public civil action against a pizzeria so that information regarding the existence of gluten could be included in the description of its products, as well as a specific warning for celiac patients.
The TJ-GO maintained the ruling that declared Buy Phone Number List the case extinct due to lack of active legitimacy, due to the association being less than a year old on the date the action was filed, a temporal requirement required by article 5, V, of Law 7,347/85. According to the ruling, although paragraph 4 of that article provides that the pre-constitution requirement can be waived when there is a manifest social interest evidenced by the size or characteristic of the damage, or by the relevance of the legal interest to be protected, this was not verified in the case. At the STJ, the rapporteur, Minister Nancy Andrighi, understood that compliance with the duty of information, in order to provide full protection to those with celiac disease, is of relevant legal interest, capable of waiving the temporal requirement required by the standard.
The need for information about the existence of gluten in food products comes close to fundamental questions, with a constitutional basis, which is the right to health and the right to a dignified life, considering that abstaining from gluten is the only way that the bearer can of celiac disease has to defend its physical integrity”, said the minister. Furthermore, Nancy Andrighi also highlighted a precedent from the 3rd Panel that recognized the legitimacy of an association that completes one year of existence during the course of the process, by applying the principle of procedural economy. “The appellant was officially established on May 21, 2011, and the ruling that judged the regulatory appeal on appeal was handed down on July 16, 2013, that is, more than two years after the association was created, which is why The aforementioned understanding must apply to the specific case”, he concluded.
The TJ-GO maintained the ruling that declared Buy Phone Number List the case extinct due to lack of active legitimacy, due to the association being less than a year old on the date the action was filed, a temporal requirement required by article 5, V, of Law 7,347/85. According to the ruling, although paragraph 4 of that article provides that the pre-constitution requirement can be waived when there is a manifest social interest evidenced by the size or characteristic of the damage, or by the relevance of the legal interest to be protected, this was not verified in the case. At the STJ, the rapporteur, Minister Nancy Andrighi, understood that compliance with the duty of information, in order to provide full protection to those with celiac disease, is of relevant legal interest, capable of waiving the temporal requirement required by the standard.
The need for information about the existence of gluten in food products comes close to fundamental questions, with a constitutional basis, which is the right to health and the right to a dignified life, considering that abstaining from gluten is the only way that the bearer can of celiac disease has to defend its physical integrity”, said the minister. Furthermore, Nancy Andrighi also highlighted a precedent from the 3rd Panel that recognized the legitimacy of an association that completes one year of existence during the course of the process, by applying the principle of procedural economy. “The appellant was officially established on May 21, 2011, and the ruling that judged the regulatory appeal on appeal was handed down on July 16, 2013, that is, more than two years after the association was created, which is why The aforementioned understanding must apply to the specific case”, he concluded.