AS ENTRELINHAS DO CONTRATO BANCÁRIO: UMA ANÁLISE DOS RISCOS DE TAXAS ABUSIVAS

This study aimed to analyze, through a bibliographic review, the legislative framework ruling banking contracts in Brazil, highlighting the inconsistencies stemming from abusive fees and onerous clauses in banking operations. In Brazil, the definitions of abusive clauses in contracts are determined by the Civil Code and the Consumer Defense Code, under which agencies such as the Central Bank of Brazil (BCB), the Delegacia do Consumidor and PROCON operate to uphold the principle of good faith. It was concluded that the imposition of a series of contractual parameters inaccessible to borrowers by financial institutions generates inequities and disparities in treatment that are incompatible with the economic order. The research might provide preventive and protective precautions to consumers confronted with banking contracts, this way assisting at the divulgation of secure economic practices and avoiding the overcrowding of the Judiciary with processes entailed by leonine clauses and abusive fees.