Natureza jurídica da relação entre cooperado e cooperativa de crédito

• Autor(a) principal: Silva, Cleiton da Rosa
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15552
• topic: Relação jurídica; Cooperativa; Cooperado

OBJECTIVE: this monograph aims to analyze the legal nature of the relationship established between cooperative and credit unions in the light of doctrine and jurisprudence. METHOD: this is exploratory research and a qualitative approach; with regard to the instruments used for data collection, this research is classified into bibliographic and documentary. RESULTS: the cooperative society consists of an organization of people who help each other, guided by democratic management and which have economic and social purposes common to all who are part of it. The credit union, specifically, is intended to provide financial services to its members, such as credit and savings. It is subject to the provisions of Law n.º 4.595 of 1964 (which regulates the National Financial System), and which qualifies it as a financial institution. Legal relations are classified as: public law, established between the private and the State; private law, between private individuals, with a predominance of autonomy of will, whether contractual or not; and consumption, verified between supplier and consumer. CONCLUSION: the jurisprudence of the Superior Court of Justice (STJ) is based on the application of consumerist legislation to the legal relations established between cooperative and credit cooperatives, despite the existence of decisions in a different direction within the scope of the courts and in keeping with the position adopted researched doctrines. Precedent n.º 297 of the Superior Court of Justice (STJ) consolidates the application of the Consumer Protection Code (CDC) to financial institutions. Therefore, although the legal relationship established between the cooperative and the cooperative is, in theory, eminently civil, through the application of Law n.º 5.764/71, in the case of the existing legal relationship between the cooperative and the credit cooperative, it is understood that consumption relationship is configured, as it is a financial institution belonging to the National Financial System.