The São Paulo State Court of Justice (TJSP) has been rejecting claims for compensation for moral damages resulting from personal data leaks, relying on the LGPD itself. In this sense, decisions rendered in the Appeals n# 1000453-19.2021.8.26.0009, 10008655320218260007 and 1000930-54.2021.8.26.0005

According to the Court, the compensation is not due when there is no evidence of the damages caused or when the personal data is of a common nature. This interpretation aligns with the decision of the 2nd Chamber of the Superior Court of Justice (STJ) in the leading case judged.

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