João Augusto SSousa Muniz

Mauger Muniz Advogados advises case at TSJ

Mauger Muniz Advogados represented a car manufacturer in a case involving the purchase of an electric vehicle. The São Paulo Court of Justice (TSJ) upheld a lower court ruling that denied the consumer’s claims for material and moral damages in a lawsuit against the dealership and the vehicle manufacturer.

The plaintiff claimed that, after purchasing the vehicle in December 2021, faced difficulties during a trip from São Paulo to Foz do Iguaçu, due to problems with the delay in charging the electric vehicle.

The customer claimed to have waited more than 24 hours for the complete charge of the vehicle, resulting in additional accommodation expenses for her family, and that misleading advertising had been practiced by the suppliers in relation to the time required for charging as well as the autonomy of the vehicle.

The court decision emphasized that the legal relationship was one of consumption, and therefore applied the law that establishes the liability of suppliers for quality defects that make products unsuitable for consumption. It also mentioned that the law prohibits misleading advertising.

However, the court concluded that there had been no misleading advertising or product defects, pointing out that both the vehicle’s user manual and the manufacturer’s website clearly and objectively stated that the vehicle’s range depended on various factors, such as external temperature, topography, tires and pressure, among others, and that the range and charging time figures published were based on laboratory tests carried out under ideal conditions, so there was no information capable of misleading the consumer.

Mauger Muniz Advogados relied on partner João Augusto Sousa Muniz (pictured).