The complaint proposed by Bradesco against the decision of the rd Federal Court of Acre failed. The first instance considered unconstitutional article of Provisional Measure ,-/, which allowed the capitalization of interest with a periodicity of less than one year in operations carried out by institutions that are part of the National Financial System. The complaint was denied by Minister Cezar Peluso, of the Federal Supreme Court.
In a Public Civil Action filed by the Federal Public Ministry, the judge of the rd Court ordered financial institutions not to apply, in the state of Acre, the capitalization of interest with a periodicity of less than one year, in the contracts that they would sign from then on. On the other hand, it ordered the Central Bank to carry out inspections of the banks to repress the capitalization Austria Phone Numbers List prohibited by it.
The Complaint was filed in July and, on the th of that month, the Presidency of the STF granted an injunction to Banco Bradesco. Suspended the federal judge's injunction in Acre and also the progress of the ongoing public Civil Action. This decision has now been revoked by minister Cezar Peluso, in a monocratic decision, supported by jurisprudence pacified by the Supreme Court in the judgment of Rcls and , reported, respectively, by ministers Néri da Silveira and Ilmar Galvão (both retired).
In the Complaint proposed to the STF, Bradesco claimed that the Federal Public Ministry intended to exercise concentrated or abstract control over the constitutionality of article of MP ,-/ (where the conformity of a norm with the Constitution is assessed without considering a concrete case ), at the time of proposing the action, already reissued as MP - Thus, the STF's competence to carry out concentrated control of constitutionality would be usurped.
Contrary to this allegation, Minister Cezar Peluso understood that the federal judge's decision in Acre was incidental in nature (specific in relation to a given case), and not abstract, and did not project its effects beyond the limits of the case. Thus, according to him, the judge “exercised mere diffuse (incidental) control of the constitutionality of the norms, within his specific competence”.
Minister Cezar Peluso found that the precedents invoked by Bradesco in its request address a substantially different hypothesis. This is because in those cases the Public Civil Action contained an intention to have the law declared unconstitutional in a main way, that is, it issued a declaratory request with this objective, as was the case with Rcls , and ,, reported, respectively, by ministers Sepúlveda Pertence ( retired) and Ellen Gracie.