Ação Revisional: Entenda como diminuir a parcela do seu veículo

[ad#336×280]Com o advento do Código de Defesa do Consumidor (Lei 8.078/90), perdeu força o princípio conhecido como “pacta sunt servanda”, e como consequência, a ideia de que os contratos privados fazem lei entre as partes. Sendo assim, ficou mais fácil discutir judicialmente as cláusulas de um contrato de consumo, mesmo daqueles chamados “contratos de adesão”, os quais possuem todas as cláusulas predispostas, como acontece nos contratos de financiamento de veículos.

Com tudo isso, surgiu a ação revisional, a qual busca discutir judicialmente os juros aplicados nos contratos de financiamento. Tal discussão pode e deve acontecer, tendo em vista não apenas a abusividade dos juros aplicados, que em regra, são superiores ao permitido pela tabela mensal do Banco Central (BACEN), que estipula o limite de juros a serem cobrados, mas principalmente por ferir vários artigos do Código de Defesa do Consumidor que garantem aos consumidores contratos de relação de consumo de fácil compreensão, o que nunca ocorre.

A ação revisional, ao contrário do que muitos alegam, tem todo um embasamento legal e amparo judicial, existindo inclusive várias varas judicias que concedem liminar para suspensão imediata daquelas parcelas com valores exorbitantes, passando o consumidor a realizar o pagamento através de depósito judicial, num montante menor e justo. Esse depósito, quando concedido, protege não só o veículo de busca e apreensão/reintegração, bem como, impede que a financeira possa incluir o nome do consumidor em órgãos de proteção ao crédito.

Veja-se ainda, que grande dúvida surge acerca de novos financiamentos e uma possível “lista negra”, se aquele consumidor que ingressou com a presente ação conseguiria ou não financiar futuramente outros veículos. Observe-se que, ninguém pode ter uma negativa de crédito sem justo motivo. Possuindo o consumidor todos os requisitos necessários para aprovação do crédito (renda, nome sem restrições, endereço fixo), não há razão para que o mesmo seja negado, tendo em vista ninguém poder ser punido por buscar um direito no âmbito judicial.

Pelo exposto, vê-se ser totalmente cabível a revisão de todo e qualquer contrato de financiamento de difícil compreensão e que possua juros abusivos ou aplique a cobrança de taxas e tarifas indevidas, onerando por demais a parte consumidora e enriquecendo de forma ilícita as financeiras.

Dr. Gilvan Gomes
OAB-PI 7.576/OAB-MA 10.296-A
Contatos: (86)8877-8123/99448195/8137-8123


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