Publications - Ernesto Borges Advogados

Banking and Financial Services 05/05/2025

DE-JUDICIALIZATION AND DEMOCRATIZATION OF CREDIT, POSITIVE IMPACTS OF NEW FEDERAL GOVERNMENT PRIVATE PAYROLL DEDUCTION LOAN PROGRAM

The Federal Government’s new program of payroll deduction loan, called Worker’s Credit (“Crédito do Trabalhador”), had its official launch on March 12, 2025, targeted at workers under formal employment agreements, that is, those governed by the Consolidation of Labor Laws (CLT), covering both domestic and rural workers, in addition to employees of Small Business Entrepreneurs…

Banking and Financial Services 24/04/2025

Simplified Access to Banking and Risk of Third Party Harm: Necessary Balance

The Third Panel of the Superior Court of Justice, in the decision of Special Appeal No. 2.124.423/SP, ruled out the liability of a digital bank where an account received sums transferred by a person who believed they were acquiring a vehicle at auction, passing judgment on a quite current issue in today’s society, given that…

Consumer 22/04/2025

STJ states that the condition of the elderly does not imply the presumption of moral damage in fraudulent loan contracting: analysis of Special Appeal No. 2.161.428/SP

In a recent award of the Fourth Panel, the Superior Court of Justice (STJ) has reiterated a core guideline in the field of civil liability and consumer protection: the old age of the victim, by itself, cannot be raised to support moral damage or ground its aggravation in bank fraud cases. The case in question,…

Administrative and Public Law 11/04/2025

Nonpecuniary Damage in Civil Code Reform Bill

The bill of Civil Code reform established the application of a two-phase method to quantify nonpecuniary damage, in line with doctrine and caselaw. Civil Law, whose origins date back to Roman Law, regulates the entire life of the human being since conception, by ensuring the rights of the unborn, until death, by governing inheritance…