O regime jurídico dos juros de mora no Código Civil brasileiro

Abstract

The Civil Code of 2002 introduced a new way of regulating interest on arrears. However, more than two decades after its enactment, the category’s most basic points are still being questioned, notably the applicable interest rate. Such quantitative aspect is essential for the calculation of the amount due to the creditor, in the countless legal transactions and court decisions in which the application of interest in arrears is determined. The lack of consensus among legal practitioners and confusion regarding the wording of interest on arrears and interest on remuneration stems from the little attention paid to the function exercised by interest on arrears in Brazilian private law. As a result, concepts are used referring to one aspect of interest that do not encompass all the types of interest protected by the law The functional perspective of the institute can identify the rule to be applied and guide the interpreter to the appropriate solution for the specific case. After recognizing the association between interest on arrears and the compensation due on pecuniary obligations, this dissertation will investigate how such interest fits the prerequisites of civil liability. The main objective is to examine the interpretation of art. 406 of the Civil Code that best suits the role of interest on arrears in the contemporary legal system.