REGULATION OF THE PRACTICE OF USURY UNDER BRAZILIAN PRIVATE LAW DISCIPLINA DA USURA NO DIREITO CIVIL BRASILEIRO
Tipo
Artigo
Data de publicação
2022
Periódico
Revista de Direito Civil Contemporaneo
Citações (Scopus)
1
Autores
de Andrade L.C.
Lima M.C.M.P.
Lima M.C.M.P.
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Resumo
© 2022, Thomson Reuters Brasil Conteudo e Tecnologia. All rights reserved.This paper addresses the regulation of the practice of usury under Brazilian Private Law and advocates that the Brazilian “Usury Law”, which regulates the limitation on interest that shall be stipulated by the parties in contracts regulated by the Civil Code (which do not involve consumers), has been revoked when the 2002 Civil Code has been put into effect. It is shown, however, that the conclusion reached by Brazilian Courts in order to limit the interest rates in these contracts to 12% per annum (1% per month) is correct, even if the arguments have not been solidly built. The paper also mentions, without trying to expand it further, special provisions that are reserved for interest rates in the context of financial and banking operations as well as consumer contracts.