Monday , October 25 2021

Gilmar Mendes suspends banks' decision to pay customers


The Federal Supreme Court (STF) Minister Gilmar Mendes suspended his legal obligations to compensate for financial losses caused by the economic plans of the 1980s and 1990s. Until February 2020, the payment of the amounts fortified by the Justice is in individual cases, which are currently being tried and there will be no more resources.

The petition from the Extraordinary Appeals judged by Mendes was submitted by the Bank of Brazil and the General Prosecutor of the Union (AGU). The bank and the public institution responsible for representing the Union in the jurisdiction said that the continuation of the current individual actions and the adherence to the already existing judicial decisions made the ın commitment of the owners etmek compatible with the agreement signed by the Brazilian Federation of Banks. Febraban) and the representative assets of consumers such as the Brazilian Consumer Protection Institute (Idec) and the Brazilian Front for the Guardians (Febrapo).

The agreement was signed by the STF in March of this year to end the decades-long legal dispute in the courts. Bresser (1987), Summer (1989) and Collor 2 (1991), or those who have opened individual or collective lawsuits to compensate for financial losses resulting from the entry into force of the economic plans of their addicts. Who chose to participate in the agreement approved by the STF.

From the beginning, commitment to the agreement was announced to be voluntary. And the deal provides discounts of between 8% and 19% in the amount deserved by most of the savings and over $ 5,000 in installments of more than 5,000 R $ 5,000 R $ & # 39; If it is foreseeable payment (up to two years), many protectors remain committed to the agreement, if they continue individual actions, it may take even longer to recognize their rights.

In its petition, the Bank of Brazil put forward the claim that even with the ratification of the collective agreement, thousands of inflationary purges continue to be sustained by the collection. With the AGU, demanding the suspension of the execution of all liquidation and judicial penalties for 24 months, Banco do Brasil alleged that the prosecutors 'allegiance has deterred the contradictions that reflect Gilmar Mendes' statement. The insignificant adhesion of Banco's customers in Brazil undermines the basic purpose of the agreement, which is to guarantee the rights of individuals and facilitate debt repayment of institutions. "

Searching for Privacy PolicyBanco do Brasil reported that the suspension of cases was provided in Article 8 of the treaty signed by Febraban's organizations representing consumers. "This issue was also the subject of an application in the petition when all parties signed the agreement and considered the possibility of suspending all cases," the bank said in a note.


In the monocratic resolution, Minister Gilmar Mendes approved one of the extraordinary actions on the subject he analyzed at the beginning of the year and ordered the suspension of individual actions for 24 months. to standardize the judicial proceedings against them and to support the self-determination of social conflicts, the official wishes to refer to their appeal before the court. According to Mendes, even with the decision of the courts, "in respect of the aforementioned agreement, they continued the elimination of the free agreement of private persons or of the decisions that prevented at least the free agreement."

"In these circumstances, on the date of the ratification of the agreement, for a period of 24 months from the date of 5/2/2018, I deem it necessary to suspend all individual or collective transactions at the relevant information or implementation stage. .

Attorney Alexandre Berthe, legal representative of several protectors and consultants to other law firms engaged in individual and collective actions Privacy Policy If the Minister's decision contradicts the agreement itself and increases the legal uncertainty as stated by the number of disclosure requests brought to the file after the decision has been made public.

Imagine a lawyer trying to tell a lawyer about something he doesn't understand about the law, and that the lawyer, Minister Gilmar Mendes, has already told an old savior about the profit he's ordered to suspend his payment. Berthe, legally, argued that nothing could stop res judicata.

Berthe said:, It seems, apparently, that a minister may, in our view, suspend the execution of the final decisions of those who prefer not to participate in a bad agreement for many people, or they are implied, Ber he added. the decision went well beyond the demand offered by Banco do Brasil and AGU. In this decision, Idec's request for the suspension of the execution of resolutions, which have benefited the rescuers by a decision of Banco Nossa Caixa against the privileged Banco Nossa Caixa, was established by Banco do Brasil. In a decision, the minister notes that Banco do Brasil and the AGU demand that they simply suspend the liquidation and execution of inflationary dispositions from the Collor II Plan (1991).

"However, the minister's decision has affected all other individual cases, including those related to other banks, which may choose to apply the penalties imposed to close the process. In my opinion, the minister, Gilmar Mendes, has foreseen the original demand, unlike the agreement approved by the STF. Hope you will confirm your decision by better explaining.

By e-mail, the AGU stated that, in order to promote loyalty, the cases were suspended at the time of the suspension of the agreement. According to the AGU, this situation has already been fully met and therefore the new resolution of Minister Gilmar Mendes mar strengthened only those identified by the Supreme tan and gave the legal certainty to the agreement.

edition: Denise Griesinger

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