Bar possession raid in Rio generates compensation for moral and material damages

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Failure to comply with a verbal lease agreement and possession of the property generate compensation for moral and material damages. With this understanding, the 3rd Panel of the Superior Court of Justice confirmed the decision of the Rio de Janeiro Court of Justice that ordered an investor to pay compensation in favor of the former owner of a bar in the capital of Rio de Janeiro.


According to the records, the owner of Loide Bar — which operated for 42 years at the same address — was approached by an investor who said he was interested in revitalizing the place, in the center of the capital of Rio de Janeiro. To do this, he wanted help from the merchant to buy the property, which was rented.

Aiming to leverage the potential of his business, the owner B2B Lead of the bar said he had signed a verbal agreement with the investor to transfer him the right to purchase the property, with the expectation that he would carry out renovations on the building. According to the agreement, after the renovation, the property would continue to be rented to Loide Bar.

According to the initial petition, the trader trusted in making a verbal agreement because the investor was a public figure, who held management positions in the federal public administration.

During the renovation, rents continued to be paid by the bar owner, who also informed the State Finance Department of the temporary suspension of his business. After the end of the renovation, however, the investor broke the agreement and the lease, shortly thereafter installing another business in the same sector at the location.

According to the rapporteur of the appeal at the STJ, Minister Nancy Andrighi, the scenario described in the process reveals “clear behavior contrary to objective good faith”, as the investor, even before becoming the owner and lessor of the property where the Loide Bar was located, “he was not guided by the duty of loyalty, transparency and probity regarding his real intentions”, frustrating the merchant’s expectation that he would remain in charge of his business.

Losses and damages
According to Nancy Andrighi, article 402 of the Civil Code must be applied to the case, based on which compensation for losses and damages must cover, in addition to the value corresponding to the machines, equipment, furniture and utensils that were used in the Loide Bar , the value of the business point that the appellant lost due to the embezzlement carried out by the defendant.



The rapporteur said that the existence of a verbal lease agreement between the parties was characterized in the process and that failure to comply with the agreement resulted in the loss of the business point. The investor would have made the merchant believe that he would maintain the lease agreement between them, “but this was never his purpose”.

“By unilaterally keeping the property in his possession, beyond the period agreed for the return, he began to exercise unfair possession, due to the embezzlement carried out at the time, causing the appellant to lose his business position”, highlighted the minister. With information from the STJ Press Office.