Combustível: posto de gasolina não pode cobrar preço diferente de acordo com meio de pagamento

O Tribunal de Justiça do Espírito Santo entende que os postos de gasolina não podem cobrar valores diferentes pelo combustível, de acordo com o meio de pagamento. “Embora o comerciante possa eleger a forma de pagamento que entender mais conveniente aos seus negócios, ao fazê-lo não pode estabelecer preços diferenciados para a mesma mercadoria em decorrência do pagamento realizado por meio de cheque, cartão de débito e crédito”.  A decisão é da 4ª Câmara Cível do Tribunal de Justiça do Espírito Santo (TJES) que negou provimento ao recurso interposto por um posto de gasolina de Vitória.

De acordo com o acórdão, o Superior Tribunal de Justiça (STJ) entende, de maneira majoritária, que os encargos relacionados às administradoras de cartões devem ser suportados pelos empresários, e não repassados aos clientes. O STJ também entende como ilegal a diferenciação de preço de uma mesma mercadoria a partir da forma de pagamento realizado pelo consumidor.

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