Post by account_disabled on Mar 12, 2024 3:39:40 GMT -5
The contractual clause that provides for the charging of CDI (interbank deposit certificate) on bank loans is abusive because it is a typical operation between financial institutions.
reproduction
Reproduction TJ-SP removes application of CDI rate in bank loan contract
Based on this understanding, the 22nd Chamber of Private Law of the Court of Justice of São Paulo ruled out the application of the CDI as an index of remuneration and moratorium charges in a loan contract signed between Banco Safra and a client.
The court of first instance had Portugal Mobile Number List determined the recalculation of the outstanding balance, excluding the CDI index, both as a factor in remuneration and moratorium charges, applying only pre-fixed remuneration interest to the debt. The bank appealed to the TJ-SP, maintaining the regularity of the charge. However, by a majority vote, the court upheld the tax exclusion.
"In relation to the issue relating to the possibility of applying the CDI, as a floating rate, for the purposes of correcting and calculating other charges levied on banking operations, it is rigorous to maintain its exclusion, as such indexation is exclusively applicable to transactions interbank financial institutions, and its use for monetary updating purposes is not possible, since it does not represent the variation in the purchasing power of the currency", stated the rapporteur of the ruling, judge Roberto Mac Cracken.
The judge cited Precedent 176 of the Superior Court of Justice, which establishes the nullity of the contractual clause that subjects the debtor to the interest rate published by Anbid/Cetip. "Therefore, with due respect, it is appropriate to remove the application of the CDI, as a floating rate, for the purposes of correction or applicable charges, remuneration or moratorium, on the contracted values", he added.
There was disagreement in the judging panel and the selected rapporteur, judge Matheus Fontes, was defeated. He had voted to authorize the use of the variation in the average CDI rate in credit opening contracts.