Judge rejects embargo of driver who received R$131 million by mistake and asked for reward

Antônio Pereira do Nascimento
Photo: Antônio Pereira do Nascimento - Reprodução/TV Anhanguera

The Court decided not to proceed with the analysis of a request for clarification filed by the defense of driver Antônio Pereira do Nascimento, who in 2023 momentarily became a millionaire after receiving a transfer of R$ 131,870,227.00 due to a banking error. The decision, handed down by the 6th Civil Court of Palmas on Monday, July 8, indicated “no knowledge of embargoes for clarification”.

Motions for clarification are a legal resource that seeks to clarify or correct omitted, contradictory or obscure points in a judicial decision, as provided for by law. This instrument is used to refine the understanding of a verdict, paving the way for new procedural steps or for the implementation of the decision.

The driver remained with the amount for approximately seven hours and returned the amount in full. In 2024, Antônio filed a lawsuit to request a reward and also compensation for moral damages against the financial institution Bradesco. To date, the requests made in the action are still awaiting evaluation by the Court.

Bradesco application
Bradesco App – Blossom Stock Studio/ Shutterstock.com

Previously, in March 2024, the Court had decided to dismiss the witnesses listed in the process, arguing that the documentary evidence was already sufficient and, therefore, hearings would not be necessary. After this determination, Antônio’s lawyers filed a request for a motion for clarification with the aim of obtaining clarification on the previous decision.

In the recent decision released on July 8, the judge chose not to recognize the embargoes. This action means that the appeal was not even examined on its merits, as it did not meet any formal requirement required for its admissibility. Mix Vale tried to contact the driver’s defense, but did not receive a response until the last update.

The progress of the process continues without a date set for the judgment of the requests presented by the driver. Antônio requested 10% of the amount that was returned, which would correspond to around R$13 million, as a reward for his conduct.

Additionally, the driver reported having suffered strong psychological pressure from the bank manager and alleged that his account was improperly categorized as VIP, which would have generated unauthorized charges. For these reasons, he is also seeking compensation for moral damages in court.

While awaiting the resolution of the trial, Antônio Pereira maintains plans in case of a favorable outcome. “I was going to renovate my house, buy myself a van, which I work as a driver. I didn’t have a van. That could have been bought, but I didn’t buy it. I could have bought it and then I would pay for the van. That’s the only way I would buy it: first the van, then I would pay for it. But I didn’t buy it. I didn’t do that”, he declared.

Antônio shared that his act of honesty in returning the large amount in June 2023 did not bring any change in his current financial condition. “I’m the same way, working to eat. I returned the money and didn’t see any money there”, said the driver about his situation.

The financial institution Bradesco, in turn, reported that it does not comment on ongoing legal processes.

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