The C. 24th Chamber of Private Law of the Court of Justice of the State of São Paulo dismissed an appeal brought in a lawsuit brought in the face of ITAÚ UNIBANCO S/A, reforming r. judgment handed down by the MM. Juízo da Tribunal da Tribunal Civil do Foro Regional do Jabaquara - Comarca da Capital, para de ção no exibição no.e. by ITAÚ, of the current account, credit opening and loan agreements, all linked to the current account held with it by the company that authored the action, after a regular subpoena.
Welcoming the arguments conveyed by the bank XISTO and SANTOS ADVOGADOS ASSOCIADOS, Judge Plinio Novaes de Andrade Júnior, rapporteur of the appeal, highlighted the omission of the bank to bring to the file the contracts signed, adding that "as for the other contracts, they were not joined to the file, so that it is not possible to measure the date on which they were concluded, nor the existence of any clause providing for the monthly capitalization of interest.
Well, therefore, with regard to those contracts which have not been carried to the file, it is necessary to exclude the capitalization of interest on a daily basis of less than the year" (our griffin).
The company's appeal was partly provided to give part of the application, by removing the monthly capitalization of interest and the permanence commission of all contracts not displayed by ITAÚ, condemning it to the refund, in a simple way, of the amounts paid to the highest, plus monetary correction from disbursements and interest on late payment counted since the service (Appeal No. 0017841-82.2012.8.26.0003). It fits appeal.
