Clipping of news on Brazilian Culture, Law and Citizenship
08/27/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Values range from R$ 700 to R$ 5000, say experts
Voting session is scheduled for Wednesday
Procon-SP Idec and ask consumers to send messages to the court showing the importance of a decision by ilegalidado
Procon-SP: decision shall be final and reach 285,000 shares in the country Photo: Maurice Tsai / Bloomberg News
RIO - A cost that can range from R$ 700 to R$ 5000 for anyone who hires financing and makes payments via bank slips. The recovery rate of the Credit (TAC) and the rate of emission Carnets (TEC) goes on trial in the Superior Court of Justice (STJ) this week. The voting process is scheduled for this Wednesday.
These fees are charged by banks as fees when the consumer makes a loan and paid securities through a bank, but they are questioned by consumer protection agencies to consider charging malpractice.
- Research for training registration procedure is inseparable from any credit transaction and exclusive interest of the banks. There is therefore no service to the consumer who already pays these expenses through interest rates. Admitting this charge means to validate the business model distorted and discouraging at the same time reducing the cost of credit to the Brazilian population - says Paulo Arthur Goes, CEO of Procon-SP.
The Procon-SP said it will participate in the trial as amicus curiae (stakeholder and important to assist the Court in the judgment), with the objective of the decision is favorable to the consumer. The decision of the Supreme Court shall be valid for all 285,000 cases that discuss this issue in the country, the agency said. The actions that await the definition of the legality of these charges involve an estimated U.S. $ 533 million. In May, the Minister of STJ Isabel Gallotti ordered the immediate suspension of the processing of all the actions related to the subject, at any level, phase and judgment until the trial scheduled to take place on 28.
Well as evaluating the Procon-SP, the Brazilian Institute for Consumer Defense (IDEC) considers that both charges do not relate to a service provided to the consumer, but at a cost inherent in the granting of credit.
- In recent decisions, the Supreme Court has positioned itself favorably to recover the TAC and TEC in cases where provision is made in the contract. For this reason, the trial Wednesday is of utmost importance. There is the possibility of changing this unfavorable positioning. The abusiveness of these rates has been recognized by the Central Bank, which prohibits the collection since 2008. Therefore, any decision by the Supreme Court that does not recognize that illegality will be a nonsense - says the lawyer Idec, Mariana Alves Tornero.
Mobilization online
Idec and Procon-SP are urging all consumers to send messages to the court as a way to show the importance of the court's decision for the illegality of tariffs.
According to Procon-SP, consumers are poorly informed about the loans and financing they use on the incidence of fees and charges and the rights and duties arising from the contract. The Total Effective Cost (which are compulsorily under Resolution BC / CMN 3.517/2007), for example, is unknown by consumers. (Http://www.idec.org.br/em-acao/revista/livros-inacessiveis/materia/mais-caro-do-que-parece).
The Procon Carioca is also triggering its outreach through Facebook and Twitter. Until now, there were over 600 views and shares on Facebook, Twitter and 74 expansions, according to the municipal secretary of Consumer Protection, Solange Amaral.
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Source: The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.