Gustavo Fernandes Poli Access to justice is a fundamental right guaranteed by the Brazilian Constitution under Article 5, item XXXV. However, in practice, this promise often fails to materialize for everyone. For debtors in particular, the situation can be even…
Felipe Porfírio Granito, Marco Antonio de Lima, Murilo Mendes Latorre Soares, and Otavio Guimarães Leite Losada* The National Council of Justice (CNJ) recently published the Regulation of the Judiciary’s Asset Search System – Sisbajud, through Ordinance No. 3, dated October…
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…
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,…
Gustavo Fernandes Poli Access to justice is a fundamental right guaranteed by the Brazilian Constitution under Article 5, item XXXV. However, in practice, this promise often fails to materialize for everyone. For debtors in particular, the situation can be even more challenging: judicial decisions such as account freezes, liens, and…
Felipe Porfírio Granito, Marco Antonio de Lima, Murilo Mendes Latorre Soares, and Otavio Guimarães Leite Losada* The National Council of Justice (CNJ) recently published the Regulation of the Judiciary’s Asset Search System – Sisbajud, through Ordinance No. 3, dated October 14, 2024. This new regulation establishes, among other provisions, that…
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…
