BARRETO, F. A.; BARRETO, Fellipe de Almeida.
Resumen:
The agiotage consists of lending money with excessive interest and is a practice considered a crime against the popular economy, and also against the national financial system. Such assertions relate to the fact that the agiotage is usually associated with abuse of the moneylender's economic condition towards the victim. Since ancient times, this activity has been practiced and to this day there is discussion about its legal and social implications, because there is no consensus among the parties. Hence the need to ascertain the ways of demanding these titles in court, or even, to know if this is possible. Clarifying such doubts would have the purpose of assisting the interpreter of the law to apply it, if applicable, in a safe and unequivocal manner. The present work seeks a systematized analysis on the loss of liquidity, certainty and enforceability of the credit instrument arising from the practice of monetization. We sought to analyze the main characteristics of the credit instrument, which interfere with the practice of crediting, as well as to clarify what legal interest rates would best suit the situation, and from there, can proceed to a conclusion about the enforceability of this title in court. The methodology used to carry out this work was a deductive approach, in a bibliographic review, for an evaluation on the more general aspects about the monetization, besides the analysis on the current legislation on such topic. After the characterization of these points, the conclusion was reached that, even though it is an illegal activity, it generates the possibility of executing in court, the satisfaction of the right, as well as establishing forms of protection for the victims of the agiotage, for the good of the parties and society.
