FINANCIAL CHARGES FROM THE PERSPECTIVE OF THE SUPERIOR COURT OF JUSTICE

Abstract

This article critically examines the normative and jurisprudential evolution of financial charges in Brazilian law, with emphasis on recent decisions of the Superior Court of Justice (STJ) and the enactment of Law No. 14,905/2024. Initially, it highlights the historical role of the 1916 Civil Code and the expansion of contractual autonomy by the 2002 Civil Code, emphasizing the influence of infra-constitutional norms and the consolidation of understandings by the STJ, especially regarding the legitimacy of interest capitalization and the stipulation of remuneration rates in banking contracts. The text also compares the treatment of financial charges in Brazil with foreign legal systems, highlighting the pursuit of balance, good faith, and transparency in contractual relations, and analyzes the compensatory function of remunerative and default interest, as well as the importance of the Selic rate as a unifying index for monetary correction and default interest, as established in recent precedents of the Superior Court of Justice (STJ). Secondly, the article delves deeper into the analysis of interest capitalization, contractual sanctions, and monetary adjustment, highlighting the jurisprudential evolution that culminated in the adoption of the Selic rate as the exclusive index, eliminating the cumulativeness of indices and promoting greater predictability and legal certainty in civil and commercial relations. The economic impact of these decisions is emphasized, especially in the standardization of banking contracts and the transparency of financial operations. Finally, the author argues that the standardization of legal and judicial criteria relating to financial charges represents progress towards the equity and efficiency of the Brazilian contractual system, aligning with contemporary doctrine and the social function of contracts.