‎Brazil News

Project was presented by the Ministry of Economy.

From the Editor

 

Monday, July 1, 2024

 

Updated at 10:09

 

To share

President Lula sanctioned law 14.905/24 , which amends the Civil Code to regulate and standardize the issue of monetary adjustment and interest. The text was published in the Official Gazette of this Monday, the 1st. 

 

 

Law amending the Civil Code and regulating monetary updates and interest rates has been approved. 

The text provides that, if the obligation is not fulfilled, the debtor is liable for losses and damages, plus interest, monetary adjustment and lawyer's fees.

 

In the event that the monetary update index has not been agreed upon or is not provided for in specific law, the variation in the IPCA, calculated by IBGE, or the index that replaces it, will be applied.

 

Also according to the text, when they are not agreed upon, or when they are agreed upon without a stipulated rate, or when they arise from a determination of law, interest will be set in accordance with the legal rate.

 

The legal rate will correspond to the, minus the monetary update index.

 

The methodology for calculating the legal rate and its form of application will be defined by the National Monetary Council and published by the BC.

 

If the legal rate presents a negative result, it will be considered equal to 0 for the purpose of calculating interest in the reference period.

 

Selic issue overcome

 

In an interview with  on Thursday, the 27th, Minister Luis Felipe  addressed the issue. He highlighted that, with the new rule, the issue of applying the  rate to civil debts, which was discussed in the STJ, is overcome.

 

Watch:

 

 

 

In March of this year, the Special Court set the rate to adjust civil debts, replacing the traditional model of monetary correction plus interest on arrears. After intense debate, however, the trial was interrupted by a request for review related to a point of order by Minister  regarding the nullity of the trial.

 

The reason was the absence of two ministers,  continued despite her absence and voted to break the tie. After questions of order raised by Solomon, Campbell's request for review interrupted the analysis, and the case was still open in Court.

 

See the new law in full:

 

LAW Nº 14.905, OF JUNE 28, 2024

 

Amends Law No. 10,406 of January 10, 2002 (Civil Code), to provide for monetary adjustment and interest.

 

THE PRESIDENT OF THE REPUBLIC I make it known that the National Congress decrees and I sanction the following Law:

 

Art. 1  This Law amends Law No. 10,406 of January 10, 2002 (Civil Code), to provide for monetary adjustment and interest.

 

Art. 2   Law No. 10,406 of January 10, 2002 (Civil Code) shall come into force with the following amendments:

 

"Art. 389. If the obligation is not fulfilled, the debtor shall be liable for losses and damages, plus interest, monetary adjustment and attorney's fees.

 

Sole paragraph. In the event that the monetary update index has not been agreed upon or is not provided for in specific legislation, the variation of the Broad National Consumer Price Index (IPCA), calculated and published by the Brazilian Institute of Geography and Statistics (IBGE), or of the index that replaces it, shall be applied."(NR)

 

"Art. 395. The debtor is liable for the losses caused by his delay, plus interest, updating of monetary values ​​and lawyer's fees.

 

.................................................... .................................................... ......................... " (NR)

 

"Art. 404. Losses and damages, in obligations to pay in money, will be paid with monetary adjustment, interest, costs and lawyer's fees, without prejudice to the conventional penalty.

 

.................................................... .................................................... ......................... " (NR)

 

"Art. 406. When they are not agreed, or when they are without a stipulated rate, or when they come from a determination of the law, the interest will be fixed in accordance with the legal rate.

 

§ 1 The legal rate will correspond to the reference rate of the Special Settlement and Custody System (Selic), deducting the monetary update index referred to in the sole paragraph of art. 389 of this Code.

 

§ 2 The methodology for calculating the legal rate and its form of application will be defined by the National Monetary Council and published by the Central Bank of Brazil.

 

§ 3 If the legal rate presents a negative result, it will be considered equal to 0 (zero) for the purpose of calculating interest in the reference period." (NR)

 

"Art. 418. In the event of non-performance of the contract, if this occurs:

 

I - on the part of the person who gave the deposit, the other party may have the contract terminated, retaining it;

 

II - on the part of whoever received the arras, whoever gave them may have the contract canceled and demand its return plus the equivalent, with monetary adjustment, interest and lawyer's fees." (NR)

 

"Art. 591. If the loan is intended for economic purposes, interest is presumed to be due.

 

Sole paragraph. If the interest rate is not agreed upon, the legal rate provided for in art. 406 of this Code shall apply." (NR)

 

"Art. 772. The insurer's delay in paying the claim requires the monetary adjustment of the compensation due, without prejudice to default interest." (NR)

 

"Art. 1,336. ............................................. .................................................... ...........

 

§ 1 The condominium owner who does not pay his contribution will be subject to monetary correction and agreed default interest or, if not provided for, the interest established in art. 406 of this Code, as well as a fine of up to 2% (two percent) on the debt.

 

.................................................... .................................................... .......................... " (NR)

 

Art. 3   The provisions of Decree No. 22,626, of April 7, 1933, do not apply to the obligations:

 

I - contracted between legal entities;

 

II - represented by credit titles or securities;

 

III - contracted before:

 

a) financial institutions and other institutions authorized to operate by the Central Bank of Brazil;

 

b) investment funds or clubs;

 

c) leasing companies and simple credit companies;

 

d) civil society organizations of public interest as referred to in Law No. 9,790 of March 23, 1999, which are dedicated to granting credit; or

 

IV - carried out in the financial, capital or securities markets.

 

Art. 4  The Central Bank of Brazil will make an interactive application available, with public access, that allows simulating the use of the legal interest rate established in art. 406 of Law No. 10,406, of January 10, 2002 (Civil Code), in everyday financial situations.

 

Art. 5  This Law comes into force on the date of its publication and will produce effects:

 

I - on the date of its publication, regarding the part of art. 2 which includes § 2 in art. 406 of Law No. 10,406, of January 10, 2002 (Civil Code); It is

 

II - 60 (sixty) days after the date of its publication, as regards the other provisions.

 

Brasília, June 28, 2024; 203rd of Independence and 136th of the Republic.

 

link: https://www.migalhas.com.br/quentes/410376/sancionada-lei-que-altera-cc-e-padroniza-atualizacao-monetaria-e-juros