The second section of the Superior Court (STJ) established in trial of repetitive resource the thesis that it is not possible to review contractual clauses in accountability actions. The decision taken by a majority of votes does not remove the possibility of revisional application.
The resource judged originated in the process of accountability in which a housewife of Paraná requested that a banking institution presented the demonstration of financial movement since the opening of its current account, made in 1995. The application was welcomed by the Judge of First Instance, which also determined that the Bank has exhibited the interest percentages charged and indicated the existence or non-capitalization, the origin of the releases into account and other information. Already in the second instance, the Court of Justice of Paraná (TJPR) established a 90-day period so that the account holder interpuses with an irregularity in the collection of banking services. The housewife challenged the accounts presented by the financial institution, questioning releases and contractual charges as rates and interest.
more developments Based on a pericial report, the sentence recognized the credit balance in favor of the author, and the TJPR reformed the judgment to determine that the interest charged to be limited to the average market rate and that the monthly capitalization of interest was excluded . The Bank presented a special appeal under the allegation that the judgment has mistakenly allowed the cumulation of accounting action with a request to review the banking contract clauses.
After the admission of the appeal by the STJ as a representative of controversy, the impossibility of revising contractual clauses in accounts action. " /> For the concrete case study, allied to the customer's need. Only then is comment crissi hana melo nassar e maiara silva da silva , collaborator and lawyer, respectively, from the civil area of carpena associated lawyers
