Disciplina da usura no Direito Civil brasileiro

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), h...

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Bibliographic Details
Main Authors: Andrade Jr., Luiz Carlos de, Lima, Marcelo Chiavassa de Mello Paula
Format: Article
Language:Portuguese
Published: 2022
Subjects:
Usura
Limitação de juros
Juros em operações financeiras
Juros em contratos de consumo
Direito dos contratos
Usury
Limitations on interest rates
Interest rates in financial and banking operations
Interest rates in consumer contracts
Contract Law
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=9004932
Source:Revista de Direito Civil Contemporâneo - RDCC: Journal of Contemporary Private Law, ISSN 2358-1433, Nº. 33, 2022, pags. 81-121
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Disciplina da usura no Direito Civil brasileiro
Summary: 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that shall be stipulated by the parties in contracts regulated by the Civil Code (which do not involve consumers), has been revoked when the 2002 Civil Code has been put into effect.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.

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