Nota do Autor
Autor | Glauber Moreno Talavera |
Ocupação do Autor | Executivo corporativo em São Paulo; Doutor e Mestre em Direito Civil pela PUC-SP |
Páginas | 11-12 |
Page 11
O presente trabalho tem a finalidade de estudar a natureza jurídica da comissão de permanência no Direito Brasileiro, buscando demonstrar que, embora ainda haja controvérsia sobre sua utilização, os normativos que lhe dão sustentação foram regulamentados expedidos pelo Conselho Monetário Nacional.
Sem malsinar o anatocismo e subtraindo-se dos argumentos fáticos que apontam a ilegalidade da cobrança da comissão de permanência sob a mera alegação de que os patamares de cobrança são desarrazoados, este tudo analisa o derredor jurídico da questão, enveredando pela origem, peculiaridades e fundamentos do instituto.
Permeado por uma lógica jurídica compatível com a dinâmica mutante da lógica de mercado, esta obra aponta, sem pragmatismo economicista, para a busca de soluções possíveis para eleição dos pontos de convergência entre o direito e a economia, reconhecendo que ambos os fenômenos possuem carga valorativa importante para desmistificar a questão.
Entre as questões de maior envergadura tratadas neste estudo destaca-se a que demonstra que a comissão de permanência é espécie do gênero juros, sendo classificada como juros compensatórios, terceira espécie da divisão do gênero, que também contempla os juros remuneratórios e os...
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