Post by account_disabled on Mar 7, 2024 10:45:59 GMT
If there is evidence of usury, it is up to the creditor to prove in court the legitimacy of the charge. The understanding is contained in Provisional Measure maintained in force by Constitutional Amendment , and applied by the rd Panel of the Superior Court of Justice.
The case discusses loans of R$, and R$, taken in The debtor claims to have paid off the debts, with monthly interest of % and %, but was executed extrajudicially anyway. He was ordered to pay R$,, plus correction. He asks for the sentence to be annulled, as he has already paid what he owes.
According to the first-degree judge, despite signs of loan sharking, no evidence was found. He rejected the debtor's claim. The Court of Justice of Minas Gerais, however, reversed the burden of proof — if there is suspicion of usury, the creditor must prove otherwise. The case then went to the STJ.
For Minister Massami Uyeda, rapporteur of the appeal at BTC Number Data the STJ, the TJ of Minas was correct in his decision by applying MP - and reversing the burden of proof. According to the minister, STJ jurisprudence guarantees the alleged victim of loan sharking the right to show evidence to demonstrate the creditor's illegal practice. With information from the STJ Office.
The above provision also expressly highlights the people who will have the accounts judged by the Court of Auditors: all people who administer, head powers and bodies, are responsible for public goods, money or values and carry out acts concerning the ordering of expenses, authorization of payments , issuing checks, donations, disposal of assets and any other expenditure made at the expense of public values.
In addition to the accounts of the people mentioned above, the Magna Carta also submits to the judgment of the Court of Auditors the accounts of people who caused the loss, misplacement or any irregularity resulting in loss to the treasury.
At the municipal level, however, there is an exceptional situation that deserves careful analysis: this is the case of the Mayor ordering expenses.
In the search for the implementation of a financial and budgetary inspection system, through an Administrative Reform, Decree Law was published in February , from which the figure of the expense organizer emerged, which has been the subject of controversy and intense debate.
Paragraph of article of the aforementioned Decree-Law seeks to conceptualize the institute, through the following words:
Art. The accounting bodies will register anyone responsible for the expenditure as responsible, who can only be exonerated from their responsibility after their accounts are judged to be regular by the Court of Auditors.
§ The person responsible for expenses is any and all authority whose acts result in the issuance of a commitment, payment authorization, supply or expenditure of Union resources or for which the Union is responsible.
The case discusses loans of R$, and R$, taken in The debtor claims to have paid off the debts, with monthly interest of % and %, but was executed extrajudicially anyway. He was ordered to pay R$,, plus correction. He asks for the sentence to be annulled, as he has already paid what he owes.
According to the first-degree judge, despite signs of loan sharking, no evidence was found. He rejected the debtor's claim. The Court of Justice of Minas Gerais, however, reversed the burden of proof — if there is suspicion of usury, the creditor must prove otherwise. The case then went to the STJ.
For Minister Massami Uyeda, rapporteur of the appeal at BTC Number Data the STJ, the TJ of Minas was correct in his decision by applying MP - and reversing the burden of proof. According to the minister, STJ jurisprudence guarantees the alleged victim of loan sharking the right to show evidence to demonstrate the creditor's illegal practice. With information from the STJ Office.
The above provision also expressly highlights the people who will have the accounts judged by the Court of Auditors: all people who administer, head powers and bodies, are responsible for public goods, money or values and carry out acts concerning the ordering of expenses, authorization of payments , issuing checks, donations, disposal of assets and any other expenditure made at the expense of public values.
In addition to the accounts of the people mentioned above, the Magna Carta also submits to the judgment of the Court of Auditors the accounts of people who caused the loss, misplacement or any irregularity resulting in loss to the treasury.
At the municipal level, however, there is an exceptional situation that deserves careful analysis: this is the case of the Mayor ordering expenses.
In the search for the implementation of a financial and budgetary inspection system, through an Administrative Reform, Decree Law was published in February , from which the figure of the expense organizer emerged, which has been the subject of controversy and intense debate.
Paragraph of article of the aforementioned Decree-Law seeks to conceptualize the institute, through the following words:
Art. The accounting bodies will register anyone responsible for the expenditure as responsible, who can only be exonerated from their responsibility after their accounts are judged to be regular by the Court of Auditors.
§ The person responsible for expenses is any and all authority whose acts result in the issuance of a commitment, payment authorization, supply or expenditure of Union resources or for which the Union is responsible.
