Superior Court of Justice opens precedent on the subject: Current account closed without prior notice to the consumer-indemnity for moral damages.
March 28, 2018
From the analysis of the special resource 1538831, the Minister rapporteur Raul Araújo, understood by giving support to the bank's claim, regarding the closure of the current account, when the business relationship between the bank and the renter is no longer attractive. Such thinking applies to open accounts in recent, new ways. For the old current accounts (Resp N. 1,277,762), with roots of years and years with the financial institution, the Superior Court of Justice has not yet pacified the matter, and there are understandings that the bank cannot extinguish the commercial legal relationship without fair reason. The Minister rapporteur, on the other hand, welcomed the pretension of the banker, in the case on canvas, regarding the indemnity for moral damages, the closure of the account, without prior notice. What is understood from this case is that the banking relationship with the consumer cannot be synonymous with abuse, by both parties. The current accounts are inserted into the commercial life itself, with reflections in the private field of the consumer. And the bank can't just exclude this banking life. The closure of the account without prior notice, without fair reason, causes social shocks and disorders, especially if the consumer/banker moves his daily life, in the current account. The banks, in turn, inform that current accounts without bank handling, without applications, without the purchase of products that are presented by the financial institution to the consumer, are disposable, uninteresting to the pecuniary business. Now, it is not believable to imagine that the financial institution suffers losses that can bankrupt it, because the values in the consumer's current account are miniature. Bank rates, the values charged continuously by the financial institution, move thousands of values from thousands of people. The top coreading Court Justice has established yes, peacefully, that the closing of the current account cannot occur in fright, in surprise, for the contender. The prior notice of termination of the account must be reasonable, so that the banker can organise his commercial life, under penalty of fixing the indemnity for moral damages, whose values may vary depending on the extent of the damage. In the case indicated, the amount set was R $15,000.00 (15000 reais). Finally, the bank is not eternally tied to the account holder from the opening date of the current bill. The division may occur, by the will of the bank, without the permission of the account holder, for the new, recent, open accounts, with notorious injury to the financial institution. by Oton Nasser – lawyer and Professor of Civil procedural law