A SIMULAÇÃO DO NEGÓCIO JURÍDICO NA PRÁTICA DO MÚTUO USURÁRIO

Abstract

The aim of this scientific article is to study the concept and characteristics of legal transactions, taking into account their use in the form of simulation applied in situations involving money loan agreements with clauses stipulating interest higher than that permitted by law. It uses the deductive-bibliographical method, analysing the norms and legal institutes that regulate the subject, as well as the position of jurists and jurisprudential understandings. It is understood that Brazilian civil law prohibits individuals from agreeing to lend money, or borrow money, with interest above the maximum percentage allowed, which would constitute the practice of loan sharking. However, it is clear that financial institutions, because they are not subject to this limitation, abuse their position to place the borrower in a condition of indebtedness that makes it impossible to repay. This ruins the very purpose sought by the Public Authorities of curbing the spread of abusive contractual practices that could harm society, placing individuals in an even more fragile position, dependent on the big players in the financial market.