CONTRATOS BANCÁRIOS – MÚTUO FENERATÍCIO – POSSIBILIDADE DE REVISÃO À LUZ DA LEGISLAÇÃO PÁTRIA

Abstract

Bad debt is a problem that many Brazilian companies, especially micro and small companies,
have been facing, within the economic conjuncture of the country, which for some time has
not been very favorable. The solution found by these companies to meet their commitments
is to take out bank loans. This solution often turns out to be a new problem, because in the
face of a competitive market and recessionary economy, companies benefiting from bank
financing cannot raise funds to honor such contracts, in addition to their other essential
commitments. Over time, this results in a progressive increase in the amount of debt with
the contracted banking institution, in addition to the company having its name protested
and/or entered in the delinquent records, and suffering foreclosures of such debts. As a
last resort to get rid of this stormy situation, companies file lawsuits or try to defend themselves
by claiming the revision of the banking agreement, alleging alleged illegalities such as
monthly interest capitalization and excessive collection of interest rates. This article applies
to an analysis of Brazilian legislation, as well as the analysis of abuse in bank contracts and
the subsequent default of the contracted company, based on judgments rendered by the
Judiciary on this topic.