TECHNICAL ASPECTS ADOPTED BY JUDICIAL EXPERTS IN BANK CREDIT AGREEMENTS

Abstract

This research sought to highlight the technical aspects dealt with by legal experts le-gally qualified in the various counties scattered throughout the Brazilian judiciary, with a focus on revision lawsuits, where the object of the dispute was to issue bank credit notes. The research has a descriptive character, however, it can also be classified as exploratory, since there are few studies and, still, the area is characterized as incipient. For the solution of the proposed research problem, 12 judicial reports were collected, extracted from the records of each case, concentrated in a national financial expertise company. The main technical aspects dealt with in revision actions were identified, including the remuneration interest rate, the illegal capitalization of interest, the late payment charges, as well as the undue restitution, fees and in-demnities for moral damages. The results of the research point to a great discussion about the interest anatocism, the remuneration interest rate and the payment of late charges, characterized as permanence fee. Other conclusion drawn from the analysis is that there is a certain tendency for judicial decisions to be favorable to the plaintiff, exclusively in cases where the financial institution does not join the contract object of the case in the case. The present study addressed an area little explored regarding the technical aspects to be discussed in the economic-financial expertise, being a good starting point for those interested in and aiming to enter the area, even assisting experts beginning in the labor market job.