Clipping of news on Brazilian Culture, Law and Citizenship
06/03/2014
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Court judges on 12 when he begins to focus correction savings with economic plans
ALINE SALGADO
Brasilia - Next week , decisive chapter of the trial of the action Corrections savings by Cheap Bresser ( 1987 ) , Summer ( 1989 ) , Collor I ( 1990 ) and Collor II ( 1991 ) is set. In game, the equivalent of 200 % of the balance Uncorrected million Brazilians .
The plenary of the Supreme Court will decide from when the interest of the economic plans of the shares shall be effective
Photo: Disclosure
On day 12 , the Superior Court of Justice ( STJ ) judges from when default interest of civil lawsuits begin to be counted . With the rate of 1 % per month over the period of 21 years - if the Summer Plan - rates the delay can reach an average of 200 % .
Interest is the main factor of concern for banks , since the small difference amount correction does not pay astronomical amounts . For experts, however , the trend is to stand against the STJ savers .
Be pacified understanding regarding the counting period of interest in civil lawsuits triggered by the Public Defender or institutes of consumer protection . Thus , the Supreme Court must determine whether the loss should be calculated from the time that banks were mentioned in the action , or just from the individual execution . In practice , if the Court is in favor of the second understanding , holders will receive corrections adjusted without interest on late payment .
SHORT TERM
" The Supreme Court has made decisions unfavorable to savers , as the reduction of the limitation period to petition for return of plans . The period , which was 20 years , was reduced to five . The court has surprised those who have decided to enter collective actions and benefited banks , since more than 90 % of account holders with direct adjustments defense lost time , "says Mariana Alves Tornero , advises Idec .
Luiz Fernando Pereira , VGP lawyers office , estimates that of 1,030 shares of reviewing economic plans which dealt in the country , 1,014 fell with that decision . " With the victory of the seats on the default interest may be reduced by two-thirds in mind that banks should " , says Luiz Fernando .
Amount to be paid is another divergence
The amount to be paid is another point of divergence . The banks argue that the corrections would lead to an estimated loss of R$ 149 billion , which would destabilize the financial system . On the other hand , institutions such as Idec, account for the amount owed would be R$ 8.4 billion . The figures are confirmed by studies from Credit Suisse , which estimates account for R$ 8 billion to R$ 27 billion.
To Luiz Fernando Pereira , banks make " terrorism " . " They have provisioned R$ 8 billion ," he says.
The fight may not end in STJ . In addition to determining whether it is for banks to pay or not corrections , the Supreme Court may also take to himself the decision to set the date of incidence of arrears .
Source : The Day - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.