A aplicação das taxas de juros aos contratos de mútuo bancário e suas implicações no âmbito do CDC

Abstract

This current monograph deals with the issue of the application of interest rates to bank loan agreements. Taking into account the discussions about the potential abusiveness of conventional interest rate and its monthly funded levied on consumers, this study seeks to demonstrate that there is no irregularity in the recovery of such interest, provided that it’s authorized by law and duly agreed. In order to achieve this goal, we must pervade the principle of autonomy of the will, its consequences and limitations, as well as explaining the legal, doctrinal and jurisprudential provisions dealing with the subject, with the allocation given to interest. Henceforth, there should be also certain considerations concerning the Consumer Protection Code and its provisions on unfair contractual clauses, disproportionate burden and particularly the duty of information, including addressing the issue of over-indebtedness.