Brazilian Superior Court recognizes banks’ right to unilaterally terminate checking accounts

Brazil’s Superior Court of Justice has ruled, under the binding repetitive appeals procedure, that financial institutions may unilaterally terminate checking account agreements. In Theme 1,119, the Court’s Second Section held that Article 39, IX, of the Brazilian Consumer Protection Code does not prevent a bank from terminating an existing checking account relationship. The ruling does […]

Brazilian Superior Court strengthens double refund rule for improper consumer charges

The Special Court of Brazil’s Superior Court of Justice has concluded the merits judgment of Theme 929, which addresses the circumstances in which consumers may receive twice the amount improperly paid under Article 42 of the Brazilian Consumer Protection Code. The ruling removes the need to prove subjective bad faith, intent or negligence on the […]

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