Provisional Measure No. 1,965-19, Of 22 September 2000

Original Language Title: Medida Provisória nº 1.965-19, de 22 de Setembro de 2000

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Provisional measure no. 1,965-19, of 22 September 2000.
Establishes the nullity of contractual provisions which mentions and reverses, in the cases which provides, the burden of proof in actions instituted to your statement.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1 Are void as of right the usurious stipulations, thus considered establishing: (I) us mutual civil contracts, interest rates higher than legally permitted, in which case must the judge, if required, adjust them to legal action or, in the event that they have already been fulfilled, ordering restitution, double, of the amount paid in excess, with legal interest from the date of the undue payment;
II-legal business disciplined commercial laws and consumer protection, equity, profit or benefits stipulated in the vulnerable part, in which case must the judge, if required, to restore the balance of contractual relationship, adjusting them to the current value, or, in the event of compliance with the obligation, ordering restitution, double, amount received in excess , with legal interest from the date of the undue payment.
Sole paragraph. For the setting of excessive profit or advantage, shall be the will of the parties, the circumstances of the conclusion of the contract, your content and nature, the origin of the corresponding obligations, market practices and interest rates legally allowed.
Art. 2 Are also null and void as of right the contractual provisions which, on the pretext of giving or broadcast rights, are held to ensure, directly or indirectly, mutual civil contracts with usurious stipulations.
Art. 3rd in the actions aimed at the Declaration of nullity of stipulations with amparo in provisions of this provisional measure, it will be the creditor or beneficiary of the business the burden to prove the correctness of the corresponding legal obligations whenever shown by impaired, or the circumstances of the case, the likelihood of the claim.
Art. 4 the provisions of this provisional measure shall not apply: (I)-financial institutions and other institutions authorized to operate by the Central Bank of Brazil, as well as the operations carried out in the financial markets, capital markets and securities, which are still governed by the legal and regulatory rules applicable to them;
II-credit companies whose exclusive purpose funding to the entrepreneur;
III-civil society organizations of public interest referred to in law No. 9,790, of 23 March 1999, duly registered at the Ministry of Justice, who engage in alternative credit systems and do not have any type of binding with the national financial System.
Sole paragraph. They may also be excluded from provisions of this provisional measure, by resolution of the National Monetary Council, other methods of operations and business of subsidiary, complementary or ancillary nature of the activities carried out within the framework of the financial markets, capital and securities.
Art. 5 Are convalidados the acts performed on the basis of provisional measure no. 1,965-18, of 25 August 2000.
Art. 6 This provisional measure shall enter into force on the date of your publication.
Art. 7 Is repealed § 3 of art. 4 of law No. 1,521, of 26 December 1951.
Brasilia, 22 September 2000; 179 of independence and 112 of the Republic.
FERNANDO HENRIQUE CARDOSO José Gregori Amaury Guilherme Bier