Omissão e exorbitância dos juros do cheque especial: análise da perícia econômica

Abstract

The objective of this work is to analyze and review (real) contract of overdraft between a large financial institution and a banking client, through the expert techniques used by the professional economist. Initially, the current account was retransmitted, showing all debit balances as well as the charges collected, daily, and at the end of each analyzed period, the monthly fee of the required charges collected and received by the institution was found. From then on, the percentage of charges (with the annual rate appearing) was calculated by the institution, in contrast to the amounts actually due (based on the recalculation). The results indicate the average rate charged by the bank in the analysis period of 11.20% per month, above the average practiced by the financial market was 10.53%. The excess charged to the current account in the analyzed period, considering the difference between the charges levied and the Selic rate was R $ 106,835.81. Thus, by offsetting the debit balances recalculated against the credits in favor of the company, a credit balance in favor of the client was found in the amount of R $ 2,756,206.06, updated up to June 30, 18, which may be defendants.