A prova da utilização do serviço telefônico
| Autor | Robson Zanetti |
| Cargo | DEA/Doctorat em Direito Privado pela Université de Paris 1 - Panthéon/Sorbonne. Especialista em Direito Privado pela Università degli Studi di Milano. E-mail: robsonzanetti@robsonzanetti.com.br |
Não deve ser tão simples ao gestor de linhas telefônicas demonstrar o real consumo das ligações pelos consumidores, isto porque o consumidor pode superar a presunção de veracidade do medidor dos pulsos.
O fornecedor deve demonstrar a correspondência entre o dado fornecido pelo medidor e aquele descrito na fatura através da documentação referente ao tráfico telefônico da utilização. O consumidor tem o direito de ver invertido o ônus da prova em seu favor, fazendo com que o fornecedor prove a prestação de serviço.
A relação de consumo telefônico decorre de um serviço público essencial, sujeito todavia ao regime contratual de direito privado e as regras de adimplemento e de prestações realizadas de...
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