AXIOLE, M. C.; http://lattes.cnpq.br/6237132238604409; AXIOLE, Mikaele Carneiro.
Abstract:
The present work, entitled - "The Interest Rate limiting us bank Contracts After one
Precedent 530 of the STJ " - aimed to analyze at aspects of the impossibility of free
determination of interest by reason of the provisions of homeland Law. Also address
the contractual aspect as asking what a changes the contract suffered in your
institutes, as Well as the Definition of Banking Nature Contracts, beyond the
demonstration of the possibility of judicial OF Review Contracts. Seeks to develop
settings About Interest, your historical evolution, Main terms of these and ITS rates,
in addition to a brief analysis one respect what a would be an interest rate of
unconscionability. It analyzes a limitation of interest rate us bank contracts Noting to
Acts regulations of the National Monetary Council and its competence to do so,
joining By the Law of Banking Reform and For the possibility of limiting the interest
Making Use of the Civil Code, to addresses one applicability precedent 530 approved
hair STJ in limiting the interest rate us banking contracts. Development of the
Present Work used to make qualitative method with a deductive approach, paragraph
bibliographic study of doctrines, constitutional and infra-constitutional legislation, Well
as a Jurisprudence available, comparing as a leading scholars Ideas with OS
Concrete Case studies paragraph obtaining results. Conclusion as there was what,
as financial institutions are not subject to restrictions of compensatory interest
stipulated in the Usury Act; and stipulation of remuneration Higher Interest 12%
(twelve percent) per year is not in itself so abusive collection.