Abusividade na taxa de juros nos contratos de crédito rotativo/cheque especial à taxa média de mercado divulgada pelo BACEN

• Autor(a) principal: Nardelli, Eder Cleiton
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/37817
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Taxa; Média; Juros; BACEN; Abusividade; Rate; Average; Interest; BACEN; Unconscionability

This monograph debate the possibility of unconscionability average interest rate published by the BACEN. The topic is relevant here is that for example the average market rate of interest on overdraft contracts exceeds the level of 130.00% per year on annual inflation orbiting 6.00%. The understanding of Supreme Court is that interest until the limit of the average rate of the Bacen would not be abusive. The paper presents some technical aspects involving interest and interest rates, defining concepts and considerations both legal as well as economic such as real and nominal interest, simple and compound. Covering up bank contracts, there is its dialogue with the Civil Code and the Consumer Code and it is more specifically about contracts of the opening credit. In its final chapter the study faces the issue of unconscionability of interest analyzing interest in the domestic and global market, presents controversial aspects, such as the idea of efficient damage about these contracts and the problem of conflicting court decisions in symmetrical themes. Specifically examines the problems of the average market rate of the BACEN of the revolving credit agreements. Finally, follow the closing remarks, in which the problem is answered and confirmed the basic hypothesis provided in the introduction. The method of approach is the "induction". The system procedures was guided by the monographic method. The research techniques were bibliographic