The Fourth Class of the Superior Court of Justice (STJ) reached a unanimous decision on October 24, 2023.
Loan contracts obtained by business entities for the purpose of carrying out or expanding their business operations are exempt from the regulations of the Consumer Protection Code.
The information comes from a Supreme Court case with unanimous decision on October 24, 2023.
The ruling resulted from a legal case filed by the Public Prosecutor’s Office of Santa Catarina against the State Bank of Rio Grande do Sul S/A, contesting unfair clauses and excessive fees in customer contracts.
The bank argues that the Consumer Protection Code does not cover contracts where the client acts as an intermediary, specifically in contracts intended to support a company’s productive activities. Furthermore, it challenges the legality of the contract clauses that were rejected by lower courts on this basis.
The Rapporteur Minister Raul Araújo stated that, according to STJ case law, the Consumer Defense Code does not cover loan agreements made by companies for business purposes, as per the Finalist Theory.
Exceptions may be made in particular situations involving technical, legal, or economic challenges faced by the company, as illustrated by a judge’s ruling on the inapplicability of certain consumer protection laws to banking contracts for business financing purposes.
Other comparable instances also uphold this explanation.
The details were taken from the STJ procedural monitoring page and case law edition number 795 | STJ.
Why does it concern your operational components?
The decision sets a significant example for future court rulings in similar cases for individuals in the field of CDC and Corporate Law.
Lawyers handling cases involving banking and consumer conflicts must carefully assess the significance of the Consumer Defense Code in their pleadings.
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STJ decision information