Legislação Específica à CPR: Mudança de Entendimento do Superior Tribunal de Justiça de Juros Fixados na CPR Financeira

Abstract

The present dissertation aims to study the change of position of the superior court of justice in Brazil (Superior Tribunal de Justiça) regarding the interest applied to the Rural Financial Product Note, as the legislation that regulates this title, which was created as a way to promote agribusiness in Brazil and incentive, especially from private sector, in agriculture. This research makes a historical analysis of the reasons that led the necessity of creating an alternative means for rural producers (or their associations and cooperatives) to seek subsidies for production, specifically focusing on the Rural Product Note (RPN or “CPR” in Brazil). The legal nature of CPR will be explained, which mixes characteristics of contract and characteristics of exchange law, besides the possibility of circulation this instrument through complete endorsement. Then, will be analyzed the legal possibility inclusion of financial liquidation of physical CPR, which caused, in parallel, the utilization of Decree-Law 167/67 to the gaps that Law 8.929/1994 did not regulate, especially regarding the application of interest rate in payment delay. Finally, this dissertation enter into the debate of interest rate in Brazilian law and the change of understanding of STJ regarding the interest rate change from annual to monthly.