Post by account_disabled on Jan 30, 2024 10:54:21 GMT
The personal loan contract in which an interest rate is charged that is more than three times higher than that practiced in the market is abusive and, therefore, void. This is the understanding of judge Roberto Mac Cracken, from the 22nd Chamber of the Private Law Section of the São Paulo Court of Justice, who prohibited the personal credit company Crefisa from charging interest of more than 400% per year on a personal loan. The judge also determined that the case be sent to one of the Consumer Law Public Prosecutor's Offices, the state Public Prosecutor's Office, as well as to the Inspection Directorate of the Central Bank, so that "once an obvious and complete offense against consumer rights has been established, and given the particularities of the case, carry out analysis and take any measures that are appropriate to the type of their competence".
The decision states that it is a consumer Buy Phone Number List relationship, remembering that the Consumer Protection Code provides that abusive clauses in adhesion contracts are null and void, including those that place the consumer at an exaggerated disadvantage or offend fundamental principles. of the Consumer Code. Mac Cracken made the calculations: at the annual level, the interest charged by the defendant (404.77%) is higher than triple the market average (113.02%) for the year 2015, when the deal was concluded. “It can be concluded from everything that the interest rate applied to the contract between the parties proved to be abusive,” he said.
Thus, it decided to realign the contract's charges, "in order to apply the average market rate applied to operations of the type (non-consigned credit), and disclosed by the Central Bank, without prejudice to the discussion, in the execution phase, on the percentage to be applied, with respect for the adversary system and broad defense”. This is the case of the terms and conditions of use of social networks and other tools on the internet, characterized, in the classification of professor Antonio Junqueira de Azevedo, as existential contracts, which are opposed to profit contracts [9] . Existential contracts are based on the circumstance that at least one of the parties is a natural person, aiming to meet their existential needs, while profit contracts involve companies or professionals, with a great diversity of effects between both, for example, regarding good faith, social function and moral damage.
The decision states that it is a consumer Buy Phone Number List relationship, remembering that the Consumer Protection Code provides that abusive clauses in adhesion contracts are null and void, including those that place the consumer at an exaggerated disadvantage or offend fundamental principles. of the Consumer Code. Mac Cracken made the calculations: at the annual level, the interest charged by the defendant (404.77%) is higher than triple the market average (113.02%) for the year 2015, when the deal was concluded. “It can be concluded from everything that the interest rate applied to the contract between the parties proved to be abusive,” he said.
Thus, it decided to realign the contract's charges, "in order to apply the average market rate applied to operations of the type (non-consigned credit), and disclosed by the Central Bank, without prejudice to the discussion, in the execution phase, on the percentage to be applied, with respect for the adversary system and broad defense”. This is the case of the terms and conditions of use of social networks and other tools on the internet, characterized, in the classification of professor Antonio Junqueira de Azevedo, as existential contracts, which are opposed to profit contracts [9] . Existential contracts are based on the circumstance that at least one of the parties is a natural person, aiming to meet their existential needs, while profit contracts involve companies or professionals, with a great diversity of effects between both, for example, regarding good faith, social function and moral damage.
