Risco legal nas instituições financeiras: o impacto da jurisprudência sobre o crédito bancário / Legal risk in the financial institutions: impact of the case law on the bank credit

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The New Basel Capital Accord introduces capital allocation for operational risks (including legal risks). These risks - in the Brazilian scenario -, present potential for significant losses and a good example of this is the amount of provisions related to fiscal, labor and civil litigation risks, which in December 2006 added up to R$ 39 billions. In many cases, the origin of these losses derives from an operational failure; yet losses may have their origin in changes of legal jurisprudence and may involve substantial sums of money. In this dissertation, the focus will be on the impact of the legal environment on bank loans, with an emphasis on legal jurisprudence. In order to prove this impact, we used models that correlate the reduction in the volume of leasing operations with court decisions that strongly affected the interpretation of leasing contracts. Data show that court decisions may impact loans significantly. Besides, data evidence that the process of convergence and maturation of such decisions is low, thus generating long periods of jurisdictional uncertainty.

ASSUNTO(S)

jurisprudência leasing arrendamento mercantil bank credit sistema financial system case law risk management administração de risco crédito bancário laws

ACESSO AO ARTIGO

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