STJ Winning vote did not analyze

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CDC incidence under penalty of suppression of STJ instance "This interpretation would excessively broaden the concept of preposition, affecting the business environment of production chains, to the point of restricting initiatives, raising costs and encouraging commercial depression, ultimately contradicting free enterprise, whose protection has constitutional status", he concluded Villas Bôas Cueva. Therefore, they considered it irrelevant to define the legal relationship between the distributor and the beverage company. If the accident occurred only because the distributor was providing services at the request of the defendant, that is, transporting its products for subsequent consumption, then the existence of the consumption chain is undeniable.

According to this Court's jurisprudence, the responsibility of all Binance App Users Data members of the supply chain is objective and joint", pointed out Minister Nancy. Villas Bôas Cueva did not analyze this thesis because the matter was not subject to consideration by the court of origin and the party did not file an appeal against article 1,022 of the CPC/2015 resulting from the denial of judicial provision. "Not even the principle of the primacy of the judgment on the merits, so present in the spirit of the current Code of Civil Procedure, authorizes the Superior Court of Justice to look, in the special way, on questions of law that were not the subject of debate in the ruling appealed", stated the winning vote.



Recently, the 4th Panel of the STJ decided to hold a gas company responsible for an accident caused by the distributor, whose trucks were circulating displaying the Ultragaz brand. In this case, the winning vote applied the theory of appearance: by printing its colors and logo on the distributor's truck, Ultragaz expands its market presence and, in the eyes of the public, is a partner in providing services. Therefore, you are liable for the damages caused by the truck accident.