Judge Suspends Automatic Deductions from Banrisul After Report Points to Illegal Interest Rates Linked to CDI and Prohibited Fees in Business Contracts

Written by Bruno Teles

Published on 13/09/2025 at 17:35

A Justiça suspendeu descontos automáticos do Banrisul em contratos empresariais, após laudo identificar juros ilegais atrelados ao CDI e tarifas proibidas, decisão baseada na Súmula 176 do STJ, em Cachoeirinha (RS).

76 pessoas reagiram a isso.

Unprecedented Decision in Cachoeirinha (RS) Prevents Automatic Discounts by Banrisul in Business Contracts Following Expert Examination Identifying Interest Linked to the CDI and Fees Considered Undue.

The suspension of automatic discounts by Banrisul was determined by a preliminary injunction from Judge Suelen Caetano de Oliveira, of the 3rd Civil Court of Cachoeirinha (RS). The decision stemmed from a lawsuit filed by a local company that contested abusive clauses in contracts made with the financial institution.

The central point was a forensic accounting report that proved irregularities, including the linking of interest to the CDI (Interbank Deposit Certificate), a practice that has already been deemed illegal by the Superior Court of Justice (STJ), established in Summary 176. Fees classified as undue were identified, reinforcing the thesis of contractual abusiveness.

Legal Basis of the Preliminary Injunction

The magistrate emphasized that the requirements of Article 300 of the Civil Procedure Code (CPC) for granting urgent relief were present:

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Probability of the Right, proven by the expert report;

Danger of Damage, given the immediate risk of the company being included in default registries and automatic discounts that could jeopardize its business activity.

Thus, the judge ordered that Banrisul:

refrain from including the company’s name in default registries;

cancel automatic debts related to contract renegotiations, allowing payment by boleto;

not conduct withdrawals from the company’s or its guarantors’ financial accounts or investments.

The request to lift late penalties, however, was not granted at this time, as it required further evidence.

The Weight of Summary 176 of the STJ

The decision draws attention because Summary 176 of the STJ has already established the understanding that the CDI cannot be used as an index for monetary correction in banking contracts.

Despite this, many banks still adopt this practice in renegotiations, exposing clients to charges that the Justice considers illegal.

The charging of fees without contractual or legal support reinforces the aspect of abusive practices, allowing the Justice to immediately suspend their effects — even before the judgment on the merits of the action.

Impacts for Companies and the Banking System

For the plaintiff company, the decision represents immediate relief in cash flow, as it prevents automatic discounts that could compromise its operation, in addition to preserving its reputation by avoiding inclusion in default registries.

For the banking system, the preliminary injunction acts as a legal alert: clauses that confront decisions already established by the STJ can be barred summarily, creating room for new actions in other regions of the country.

Next Steps in the Process

The case is registered under number 5012143-70.2024.8.21.0086 and the company is represented by the Túlio Parca Advogados law firm.

The Justice has scheduled a conciliation hearing via the CEJUSC (Judiciary Center for Conflict Resolution and Citizenship), in a virtual format.

If no agreement is reached, the process will proceed with a deadline for Banrisul’s defense and further stages of instruction.

Experts in banking law believe decisions like this may stimulate a wave of challenges against abusive clauses, especially in business contracts involving large financial volumes.

The suspension of automatic discounts by Banrisul shows that the Justice is attentive to banking practices that disregard established understandings.

The case reinforces the importance of forensic accounting as technical evidence and signals that companies have effective legal instruments to challenge abusive clauses.

What do you think, do decisions like this help balance the relationship between banks and clients or can they generate insecurity in the credit market? Share your opinion in the comments — we want to hear from those who have faced similar situations.

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João Fraga

#175818

18/09/2025 19:28

Matéria fraca e tendenciosa. Provavelmente patrocinada por alguém com interesse financeiro. Uma forma leviana de prospecção de clientes. Qualquer leigo, lendo esta “matéria” vai acreditar que uma “liminar” é o mesmo que uma sentença definitiva… Nos comentários dá pra perceber como o brasileiro gosta de terceirizar os problemas que ele mesmo cria. Se você não tem organização financeira, ou só é caloteiro mesmo, NÃO PEGUE EMPRÉSTIMO!!!

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Radames marcon

#175303

15/09/2025 13:14

Quando contrata um financiamento é preciso ler o que está assinando, se concordou, assinou, agora paga.
Questiona antes de assinar. Depois já era.
O banco é uma empresa que visa lucro , não é instrução de caridade

-3

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Carla

#175181

15/09/2025 10:21

Melhor ler e compreender o que está assinando, antes de assinar um contrato e usar o dinheiro. Ou… devolve o dinheiro e depois contesta.
Simples assim, tudo na vida é questão de escolhas.

-2

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Judge Suspends Automatic Deductions from Banrisul After Report Points to Illegal Interest Rates Linked to CDI and Prohibited Fees in Business Contracts

Unprecedented Decision in Cachoeirinha (RS) Prevents Automatic Discounts by Banrisul in Business Contracts Following Expert Examination Identifying Interest Linked to the CDI and Fees Considered Undue.

Legal Basis of the Preliminary Injunction

Major Oil, Gas, and Energy Event Will Take Place in Brazil: Macaé Energy Will Gather Petrobras, Equinor, Prio, Among Other Suppliers and Energy Executives for Business, Networking, and Employment Opportunities

The Weight of Summary 176 of the STJ

Impacts for Companies and the Banking System

Next Steps in the Process

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Judge Suspends Automatic Deductions from Banrisul After Report Points to Illegal Interest Rates Linked to CDI and Prohibited Fees in Business Contracts

Unprecedented Decision in Cachoeirinha (RS) Prevents Automatic Discounts by Banrisul in Business Contracts Following Expert Examination Identifying Interest Linked to the CDI and Fees Considered Undue.

Legal Basis of the Preliminary Injunction

Major Oil, Gas, and Energy Event Will Take Place in Brazil: Macaé Energy Will Gather Petrobras, Equinor, Prio, Among Other Suppliers and Energy Executives for Business, Networking, and Employment Opportunities

The Weight of Summary 176 of the STJ

Impacts for Companies and the Banking System

Next Steps in the Process

For 45 years, Spain and Morocco have been trying to connect Europe to Africa through a project of just 14 kilometers in the Strait of Gibraltar, and an active tectonic fault on the seabed continues to make the project nearly impossible.

At just 14 years old, a boy creates a system without energy, using steel pipes buried in the ground, that irrigates seedlings with moisture from the air, to combat the water scarcity threatening reforestation in northern China.

Where there was only sand and wind at 40 degrees, China built a megacity of 500,000 inhabitants with farms, wineries, and universities in the middle of the desert using melted glacier water from hundreds of kilometers away.

Few remember, but with the largest magnitude ever recorded in the world, the Valdivia earthquake left 2 million people homeless, changed science, and had repercussions even in Brazil.

With 1,092 square meters, the giant building in Vienna surprises by hiding more than 250 trees and 52 apartments in a completely unconventional architecture.

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