Superior Court rejects TelexFree desertion appeal
Fourteen, fifteen, sixteen appeals rejected – I’ve lost count of the exact number of times TelexFree have had their various appeals dismissed, but I’m starting to think they found their lawyers in one of those 20 cent skill-based claw machines.
TelexFree’s latest appeal was filed in the Superior Court and appears to be an objection to a ruling in São Paulo.
According to the Superior Court website,
Desertion occurs when the part does not collect or collects less judicial fees required for filing an appeal.
So as I understand it, an administrative decision was made in São Paulo against TelexFree for either not paying or not paying in full, fees incurred via the filing of appeal(s) there.
This latest appeal was an attempt to overturn that decision, which has also failed.
The Minister Joao Otavio de Noronha, stressed that the complaint, in accordance with understanding the STJ can only be made against the judgment of the state appellate class, not against monocratic court decision.
Moreover, according to him, the Administrator of Telexfree points to the existence of jurisprudential disagreement procedural matter, which can not be done through complaint.
The use of the complaint to resolve differences between classes and the state appellate case law from the Supreme Court is restricted to matters of substantive law.
This isn’t the first time TelexFree have had appeals rejected due to jurisdiction issues either, so what their legal team are basing their decision to file appeals on is a mystery (crapshoot?).
Meanwhile the “desertion” administrative penalty appears to have been made only after TelexFree were first ‘given the opportunity to (pay) the collection (of fees)‘.
File appeals, ignore fees, get slapped with a desertion decision and then file more appeals.
Just another day in TelexFree’s alternate reality…
In other TelexFree news, a twenty-two year old TelexFree affiliate has died after jumping out of a fifth floor window of a shopping mall a week ago.
The woman took out a R$ 50,000 ($21,770 USD) bank loan to invest in TelexFree, and then apparently went into a panic when the authorities shut it down and she realised she wasn’t going to get her Ponzi ROI money.
Two weeks ago the Governor of Acre, in a bid to drum up voter support, threw his weight behind TelexFree. Tiao Viana announced his full support of TelexFree ‘because he under(stood) that no one (had been) injured so far‘.
Perhaps now might be a good time to retract that statement…