Perícia econômica: análise das abusividades dos juros bancários nos contratos de empréstimos

Abstract

The work sought to investigate the exorbitance in the collection of interest on the part of the banking institutions, by the use of the Price Table, in loan agreement, specifically analyzed the clauses of the contract; It compared the rate of interest and arrears of the contract with market rates (BACEN); Checked for possible irregular rates; and simulated, based on the contract data, the amortization of the debt through the simple capitalization by the Hamburger Method, in counterpoint to the Price System. The methodology used was in addition to the simple manipulation of mathematical tools and / or the simulation analysis of a bank contract, and pointed out in real context how - and what the effects - of an investigation into the illegalities or financial abuses practiced by institutions, which are sources of work of the economic-financial experts. The results indicate that on the amortization, clearly stated in its clauses that the bank uses the "Price Table", imposed on the client without clarification on the impact and improper / illegal evolution of this plan of amortization caused in the total amount financed. Also, that the agreement provides for the collection of a Stay Fee, cumulated with default interest of 1% per month or fraction on the overdue obligation, which is illegal, according to the understanding expressed in Proceedings No. 30, No. 294, No. 296 and No. 472 of the STJ. In addition, the bank uses the rate calculation in the period based on the business year, which artificially improves the contract. Finally, based on the review of the contract, it is seen that the amount of the benefit paid in excess is R $ 22,243.67, as of 06/30/18. The amount of overdue installments amounts to R $ 34,822.91. Therefore, it is concluded that, by offsetting the outstanding balance of the installments due, restated as of 06/30/18, against the credit in favor of the company - referring to the amount paid the greater – A. D. AND SEVIÇOS is in the amount of R $ 12,539.24 (Twelve Thousand Five Hundred and Thirty Nine Reais and Twenty-four Centavos), updated up to the date of 06/30/18.