By unanimous decision in judgment, TIM receives a very high fine in SP

TIM is a Brazilian telephony company that has been operating in the market for 27 years offering different types of service. It is the third largest operator in Brazil, after Vivo and Claro. It was the first to offer 3G internet on a prepaid basis. His fine in the amount of R$ 308 thousand was given for improper charges.

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Undue charges caused TIM to be fined

The 12th Chamber of Public Law of the Court of Justice of São Paulo confirmed the decision of the 1st Court of the Public Treasury of São José dos Campos to maintain the fine of R$ 308 thousand imposed by Procon to TIM S/A.

According to the records, the establishment of this administrative procedure came from complaints from four customers. They alleged that the company made improper charges for uncontracted services. The fine was issued from the moment that there was no solution to this problem, that is, that the company ignored the numerous attempts on the part of consumers.

“There is no need to speak of a restriction of the defense or mere presumption of the authority regarding the illicit activities imputed to the applicant in the administrative proceedings, much less lack of reasons for the decisions rendered therein, with the authority having analyzed each of the arguments and decided on the soundness of the conclusions of the inspection, and the appellant did not present any documentation or argument capable of putting in minimal doubt the occurrence of the infraction”, wrote the rapporteur of the appeal, Judge Souza Meirelles.

The judges’ conclusion

The magistrate highlighted the conclusion of the 1st degree judgment as correct. Considering the total number of TIM customers, many consumers were also exposed to this abusive and illegal practice.

Judges Osvaldo de Oliveira and JM Ribeiro de Paula complete the group that acted in the trial of this case. This decision was given unanimously by the judges. Therefore, the operator is obliged to pay a fine of R$ 308 thousand.

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