All rural producers, whether individuals or legal entities, who entered into rural credit operations with Banco do Brasil before the Collor Plan (1990) shall be entitled to receive restitution of 43.04% on account of the difference in monetary adjustment, plus default interest to be calculated for the period. This understanding was reached by the Special Court of the Superior Court of Justice (STJ).
The understanding of the reporting justice, Justice Nancy Andrighi, prevailed. According to her, in convictions of the Public Treasury arising from non-tax legal relationships, default interest must be calculated according to the official savings account remuneration index.
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“Both the case law of the Federal Supreme Court (STF) and the case law of this Court have consolidated in the sense of recognizing the applicability of the interest criterion set forth in Article 1-F of Law 9.494/97, as worded by Law 11.960/2009, to convictions in general imposed on the Public Treasury, with the exception of convictions arising from tax-related legal relationships,” she explained.
Accordingly, according to the justice, the fact that the case under discussion involves a “private-law relationship,” as stated in the contested appellate decision, is not sufficient to prevent the application of the article in question.
“In any event, it is observed that, despite the conviction arising primarily from a private legal relationship established between the borrowers and Banco do Brasil, the contested appellate decision itself, upon the judgment of the first motion for clarification, asserted that the Federal Union’s joint and several liability would arise from the public policies it established, while the liability of the Central Bank (Bacen) would arise from a notice issued to financial institutions regarding the monetary adjustment index to be applied to savings accounts,” she said.
The justice further cited a guideline established by the Supreme Court in Direct Actions of Unconstitutionality (ADI) 4.357/DF and 4.425/DF, as well as in Extraordinary Appeal (RE) 870.947/SE, which established that “default interest, in general debts of the Public Treasury, corresponds to the official basic remuneration index of the savings account, except when the debt arises from a tax-related legal relationship, for which the same rate that remunerates the tax credit owned by the Public Treasury shall prevail.”
See here the full article, published in November.
Source: Conjur / Gabriela Coelho
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