A conformação da legalidade da capitalização composta de juros na Tabela Price

Resumo

The present work aims to clarify the controversy in the Brazilian Judiciary regarding the compound interest regime contained in the series of uniform payments named Tabela Price, usually applied in loan and financing contracts signed with financial institutions. Richard Price himself, inventor of the method that took his name, textualized the use of the compound interest regime in its tables on the book Observations on Reversionary Payments, of 1771. Therefore, when the Judicial Branch is faced with discussions about the nature of the interest being applied on contracts signed under this system, an alert sounds along with a question: are these discussions in fact reasoned or the case regards only rhetorical circumstances and mere decisionism? The theme became more relevant when the Superior Court of Justice (STJ), in February 2019, decided to forward back to the lower instances of the Brazilian justice system a matter discussed on a special appeal (Recurso Especial nº 951.894/DF) without a final decision. In an almost tied score of seven to six Ministers, it was agreed that lawsuits involving the use of the Tabela Price should be conducted by experts in the concrete case once a fact had to be analyzed. This understanding denoted that lawsuits regarding the theme foster battles of arguments and rewarded only rhetorical skills: because the real solution does not hang on the proof of a fact, but rather on the resolution of a merit that the Superior Court of Justice once shirked in giving. In this work, these circumstances are demonstrated and it is proven that the Tabela Price, by its essence and invariably, contemplates the regime of compound interest within the frequency of the installments; hence, it is not necessary to attest it on a case-by-case basis, but rather, and for the rescue of the very efficiency of the Judicial Branch lost in this particular point, the premises of an inescapable and skilled technical observation must be brought so that, once and for all, the judges can truly decide on the merits of its use within the national legal system.

Ficha do documento

Tipo

Dissertação

Ano

2021

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/30813

Temas

Planejamento Urbano

Palavras-chave

Amortization systemsAnatocismInterestLoan and financing contractsReal estateAnatocismoContratosEmpréstimoFinanciamentoHabitaçãoJurosSistemas de amortizaçãoTabela PriceDireitoJuros - Legislação - BrasilHabitação - FinanciamentoDireito financeiro