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Banks must comply with CDC, says STF

This article was translated by an automatic translation system, and was therefore not reviewed by people.


 
Saulo Luz
 

Justice requires that financial institutions must comply with Code of Consumer Protection


Banks have to follow and obey the Code of Consumer Protection (CDC). The Supreme Court (STF), by ruling of the Minister Eros Grau, confirmed the validity of rules for all financial institutions.

The decision was on the questioning of a car dealership School (interior of São Paulo), trying to apply the principles and rights guaranteed by the CDC in a lawsuit against the bank. The Court of Justice of São Paulo (TJ-SP) considered the CDC to declare invalid bank loans. The store's lawyers appealed and the issue reached the Supreme Court, which dismissed the complaint against the store founded by returning the case to the TJ-SP.

The decision confirms the understanding of the lawyer specializing in Consumer Law Luiz Guilherme Natalizi. "The CDC applies not only to banks but all financial institutions such as securities brokers, insurers and other staff supervised by the Central Bank and the SUSEP" he says.

Historically, financial institutions refused to submit to the CDC saying that banks should be regulated by the Central Bank.

In 2001, for example, banks have filed a Direct Action Unconstitutional (Adin) the Supreme Court for not following the code of the consumer. The goal was to create their own rules for the sector to replace the CDC. It was lifted after five years of battle in the courts.

Currently, the Brazilian Federation of Banks (Febraban) already recognizes that the issue is over, and that banks should and are submitting to the CDC.

Still, there are flaws in the implementation of CDC in many agencies and institutions. Many still charge a fee Early Settlement of debts (TLA), the code prohibits. The difficulty to repay a debt or financing in advance was a major cause of complaints against financial institutions with the Central Bank (BC) in the entire month of July, adding 332 complaints.

The Central Bank (BC) says that the rate is prohibited only to contracts signed after December 6, 2007. And Article 52 of the CDC says that in the case of prepayment of debt, there must be proportional reduction in value.

"This rate is an affront to the Code of Consumer Protection masks because the real value of the interest rate charged," says Natalizi. For him, the decisions of the BC does not override considerations of the CDC. "Financial institutions always claim that they comply with the stipulations of the Central Bank. Whenever there is conflict with the BC CDC, it is best to go to court, "suggests.


Historical struggle
In 2001, the banks resorted to the Supreme Court (STF) with a direct action of unconstitutionality (Adin) not to comply with the CDC. In 2006, the lawsuit was dropped (by 9 votes to 2), after years of battle in the courts.

But it gave up and tried again in 2007 through a bill introduced by Senator Valdir Raupp (RO). The project was shelved after public pressure.

At the end of 2008, the Brazilian Federation of Banks (Febraban) has launched a self-regulation of disputes between customers and financial institutions



Source: Jornal da Tarde

This article was translated by an automatic translation system, and was therefore not reviewed by people.

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