A aplicabilidade de limites legais e judiciais às taxas de juros cobradas pelas instituições financeiras

• Ano de defesa: 2014
• Autor(a) principal: Sabaini, Wallace Tesch
• Orientador(a): Masso, Fabiano Del
• Banca de defesa: Camillo, Carlos Eduardo Nicoletti , Bagnoli, Vicente , Lisboa, Roberto Senise , Viva, Rafael Quaresma
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Presbiteriana Mackenzie
• Programa de Pós-Graduação: Direito Político e Econômico
• Departamento: Direito
• País: BR
• Palavras-chave em Português: direito econômico; sistema financeiro nacional; taxas de juros
• Palavras-chave em Inglês: economic law; brazilian financial system; interest rate
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://dspace.mackenzie.br/handle/10899/23078

This work embodies the question of imposing limits on compensatory interest rates practiced in the domestic financial market in credit transactions , whether through enactment of laws or judicial decisions in concret cases . It conceptualizes interest and classifies interest rates, according to legal, accounting and financial approaches, stating that , when referring to interest object of this work, we are dealing with legal or contractual interest which is compensatory or remuneratory on loans, being, therefore, also considered active interest from the perspective of the financial institutions. It presents the systematic composition of interest rates. It explains the functioning mechanism of banking activity, money creation by banks, the credit role and risk involved as well as the relation of such a risk with interest rate prevailing in the SFN National Financial System. It assesses the degree of importance of credit for the economic growth of a country. It also appraises the Credit Information System of the Central Bank of Brazil and its importance for reducing interest rates. It analyses the interest rates charged by major financial institutions in the country, explains the sources of funds that allow banks to make loans to their customers. In light of the current Constitution, it points out the foundation of performance of the Brazilian State in the economic domain, through direct and indirect actions, identifying the limit of this activity in the financial system. It evaluates the effectiveness of the influence of new paradigms brought by the Consumer Defense Code, Civil Code and related legislation, the limitation of interest rates, reflecting on the reasoning of court decisions limiting conventional interest rates. It entitle to the right to adversarial proceedings, presenting arguments that lead the defense of impossibility of limiting interest rates. It concludes that there is a misunderstanding on the part of the judges about the dynamics of the SFN and its relevance to the country; that unconscionability of compensatory interest rates on defaulted credit operations, made with free funds is difficult to prove; that the charging of fees on credit operations made with free funds is improper; that the compensatory interest may be legally limited in operations with controlled or directed funds; that the compensatory interest rates may not be legally and judicially limited on credit with free funds.