Banking law is the legal field that regulates banks and financial institutions involved in the circulation of money in the country. Its rules govern the relationship between banks and the clients who use their services.
As banking law is closely connected to business law, the Nogueira Engel team is qualified to understand and address your needs.
The relationship between an individual who is the end consumer of banking services and a financial institution is governed by Brazilian Law No. 8,078/1990, commonly known as the Consumer Protection Code. The relationship between a bank and a legal entity, on the other hand, is generally a civil relationship governed by the Civil Code and only exceptionally by consumer protection law. If an irregularity is alleged, the burden of proof generally rests with the party making the allegation—in this case, the legal entity.
CONTACT US TO LEARN MORE.
If a loan or financing payment is late, the financial institution will generally first charge interest or a penalty. The bank may also bring legal proceedings to recover the agreed amount. Particular attention should be paid to any collateral or guarantees provided under the contract, with support and analysis from a qualified lawyer.
CONTACT US TO LEARN MORE.
Yes. It may be possible to bring an action for judicial review of the agreement when there is evidence—such as documents, witness testimony, recordings, or other proof—of abusive conduct by the financial institution. The Central Bank of Brazil also establishes specific rules governing agreements between banks and their customers.
CONTACT US TO LEARN MORE.
Determining whether interest rates are abusive requires a detailed review of the contract, the rates applied, current legal rules, and market conditions. If you have questions or concerns, professional guidance is strongly recommended.
CONTACT US TO LEARN MORE.
Negotiating a debt requires patience, persistence, and clear communication with the bank. If necessary, consult a consumer law specialist to protect your rights and assist with the negotiation.
CONTACT US TO LEARN MORE.
A law firm specializing in business law, committed to innovation and excellence in serving its clients.
