Court of Justice of São Paulo sentences Caíco to return CAFIB's website
CAFIB - Clube de Aprimoramento do Fila Brasileiro (Fila Brasileiro Improvement Club) comes herein to inform its members and associates, as well as all those who follow the activities of the Club in the defense of the pure Fila Brasileiro, of the following facts:
Mr. Carlos do Amaral Cintra Filho, known as “Caíco”, had participated in the activities of this Club since August 23, 1981, when he presented one of his dogs at the 1st CAFIB Exhibition held in the city of Campinas, SP. From that time on, he started to attend the events promoted by the Club intensively, which he joined as a member and where he started registering his entire stock. He also became a judge at CAFIB and was part of its board of directors several times, as secretary, treasurer and president.
At the time he held the board, instead of registering the domain of the CAFIB website in the name of the Club, he registered it in his own name. And, after more than 30 years of intense coexistence and friendship with all the directors and their families, when he decided to leave the group, he refused to transfer the domain of the www.cafibbrasil.com.br site to CAFIB. It is important to highlight that the Club's directors, in addition to several breeders and common friends, insisted many times that he gave back the domain of the site to the Club. However, he always refused to return it, claiming that the CAFIB website did not belong to the Club, but to him instead. Evidently, this refusal caused huge losses to the Club, such as those resulting from the need to remunerate computer technicians to redo the entire site, hire new hosting, set up a domain to be able to access it, reassemble the database, etc.
As a result of these facts, CAFIB decided to file a lawsuit in the Justice of the State of São Paulo against Mr. Carlos do Amaral Cintra Filho, by means of which it requested his conviction to return the Club's website and other materials that were in his power.
After a few years in the 1st and 2nd Instances of the Judiciary, finally the 32nd Council of Private Law of the Court of Justice of the State of São Paulo, sentenced, by the unanimous vote of its three judges, the defendant Mr. Carlos do Amaral Cintra Filho to return CAFIB's website to the Clube de Aprimoramento do Fila Brasileiro. The sentence specifies:
“Transferring the domain of the www.cafibbrasil.com.br website to CAFIB, within 15 calendar days, under penalty of a daily fine of R$ 1,000.00, (US$242,71) the defendant bearing any expenses inherent only to the transfer of the domain with the host, Locaweb.
Deliver, if still stored, the software object of the demand to the author within the same period of 15 calendar days, under penalty of a daily fine, together with the digital database that existed within the program, noting that, in the confirmed impossibility of doing so, the obligation shall be converted into losses and damages, and the defendant shall bear the costs for the development of software with the same functionalities as that developed by the professional Francisco Lourenço Fornel, being also responsible for the inclusion of all data existing in the program at the time; in this case, the plaintiff must provide a copy of the material to be included in the new software, in order to enable the defendant to comply with the sentence.
Pay attorneys' fees in the amount of R$ 2,500.00 (two thousand and five hundred reais) (US$606,79), under penalty of a 10% fine on the debt and attorney's fees, pursuant to article 523, §1 of the Civil Procedure Code ".
In other passages of the judgment, the sentence, the judging chamber decided that:
(...) “After a term has elapsed without direct payment (...) I immediately grant the LIEN of the indicated debt (plus a 10% procedural fine). As measures that depend on the judiciary, I confer the LIEN by Bacen-jud (independent of any other formality) and search for assets in the Infojud systems to obtain the last statement of the debtor(s) and Renajud, for information about vehicles in the name of the debtor(s)”. (...)
In the course of the proceeding, Mr. Carlos do Amaral Cintra Filho insisted on the request to cancel the Free Justice benefits previously granted to CAFIB, even though he knew that CAFIB is a non-profit entity, as stated in the establishment minutes of the Club, registered at the First Registry of Titles and Documents, in 1978.
In an attempt to substantiate this request for the cancellation of Free Legal Assistance to CAFIB, he attached to the file a table of fees charged by CAFIB, claiming that the Club collected a lot of money in the events promoted, although he also knew very well (as stated in our regulations) that the amount collected with the registrations at the Exhibitions is always passed on in full to the exhibit's organizer. And that, to cover part of its expenses, CAFIB receives only the amount resulting from registrations in Phenotype and Temperament Analyses. Despite this attempt to demonstrate that CAFIB was not entitled to the benefit of Free Legal Assistance, the Court of Justice of the State of São Paulo recognized the Club's right and assured it to make use of the benefit, deeming the requests made by Mr. Carlos do Amaral Cintra Filho unfounded.
CAFIB's board thanks the efforts and professional competence of attorney Adriana Gomes dos Santos. And reiterating its disappointment, surprise and indignation at the attitude of former partner Carlos do Amaral Cintra Filho, it publishes this unfortunate note to clarify the facts, sometimes reported in a distorted way.