Análise de contrato de financiamento bancário de automóvel e comentários de ilegalidades - perícia econômico-financeira

Abstract

The main object of this work is to review a vehicle bank financing contract, agreed between a client (consumer) and a banking institution through the application of expert procedures used by an expert-economist professional. The financial operation is the purchase of a car in the amount of R$ 85,000.00 (eighty-five thousand reais) with a down payment of R$ 45,000.00 (forty-five thousand reais), in addition to costs related to expenses with taxes, fees and others, accompanied by the application of a contractual interest of 1.38% per month, resulting in 36 monthly installments of R$ 1,473.42, from 05/30/2021 to 05/30/2024. It was verified that there was no application of interest above the average applied to the market nor the charging of illegal tariffs. However, the presence of anatocism (compound interest) was confirmed, calculated the contractual values from the amortization procedure at simple interest of the “tabela price”. This investigation showed that the amount of the contractual installment adjusted with the banking institution is actually greater than that allowed by law. Thus, this revised final expert report concluded that the bank financing is in disagreement with the legislation and jurisprudence of the courts, making the contract irregular. The client will be entitled to reimbursement in double the amount illegally charged (R$ 2.976,13).