O fundamento da responsbilidade civil dos administradores de bancos comerciais sujeitos a regimes especiais e a rede de proteção bancária

AUTOR(ES)
DATA DE PUBLICAÇÃO

2001

RESUMO

The dissertation heretofore presented has analyzed what is the civil liability principle for commercial banks administrators subject to special procedure for official liquidation, negligence or risk, within banking protection mode, which is, of the several legal tools seeking to provide security to the financial market, particularly banking. Due to the public interest in banking regulation, its ultimate insolvency is not simply considered in the light of the bankruptcy code, as the social repercussion is of a much greater extent than other kinds of companies. In effect, bankruptcy of a bank may lead to lack of trust in the system as well as a cash withdrawal rush to other banks, causing the financial system to collapse, including means of payment, and generating not only grave problems to the national economy but loss of control by the government, which is one of its principal means of public policy implementation. Therefore, those institutions are subject to a protection system to shun bank insolvency and special procedures, administratively, lest they turn out to be. This system is named banking protection mode. It is within this context of protecting the system as a way to defend public interest, that bankers liability should be introduced and considered. This liability fundament issue, fault or risk, originated an extensive doctrinal debate herein reported, due to the imprecision of (lei 6024/74). This thesis tries to demonstrate that, after analyzing this topic systematically, one should come to subjective liability, based on negligence, as a conclusion. Furthermore, it aims to illustrate that regarding administrators, the negligence system will serve better the task of protecting public interest than the risk system will, finalizing by suggesting changes in law in order to invert the burden of proving culpability, remaining the final benefits of employing negligence on the concrete case and eliminating the difficulties of practical order to make it liable and the posterior reimbursement of damaged, concern of Justice

ASSUNTO(S)

civil liability principle for commercial banks administrators responsabilidade civil dos administradores de bancos comerciais direito responsabilidade (direito) instituicoes financeiras

ACESSO AO ARTIGO

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