As limitações legais à forma de capitalização e montante de Juros remuneratórios nos contratos de financiamento imobiliário com alienação fiduciária em garantia

Abstract

The purpose of this study is to analyze the limitations of the payment of remuneration interest by means of capitalization in real estate contracts with collateral. For this purpose, the price configuration that will be paid in accordance with the average market interest will be arranged, and the legal and economic point of view regarding the applicability of the legislation and the constitutional principles to suppress or limit the disparate and abusive gains in the financial market will be analyzed. regarding bank credit agreements. Thus, we presented the legislative and technical aspects regarding the collection of interest rates in the Brazilian financial market, highlighting the definitions and laws that determine an essential control of remuneration interest in the relations that consumption, whether private or public. Thus, the present monographic work has as its scope the constitutional principles and legal diplomas, especially the Consumer Protection Code, which enables the interest rate limitation. To this end, the contribution of this research to the academic environment is justified by the general possibility and the cadence of intervention of the state power to ward off the enrichment of banks regarding monetary policies and to support the consumer, the most vulnerable part of the consumer relationship, regards remuneration interest.