Fiduciary alienation is a widely used instrument in the financial market to secure credit, in which fiduciary ownership of a given asset—offered as collateral—is transferred from the debtor to the creditor, while the debtor retains direct possession until the debt is fully paid. Despite its effectiveness in reducing risks for…

Banking contract clauses have been the subject of increasing scrutiny within the Brazilian legal landscape, especially concerning the abusiveness of certain provisions. Among the main issues generating controversy in contractual relationships between consumers and financial institutions are abusive interest rates, interest capitalization, and the judicial review of contract clauses. The…