A contribuição do Ministro Antonio Carlos Ferreira para a redução da litigiosidade bancária

análise dos Temas 1268 e 1378 do STJ

Abstract

This article examines Justice Antonio Carlos Ferreira’s contribution to reducing banking litigation through Repetitive Themes 1268 and 1378 of the Superior Court of Justice. In Theme 1268, the Justice reaffirmed the preclusive effectiveness of res judicata as an instrument of pacification and legal certainty in banking relationships. In Theme 1378, he proposed restricting the discussion on the abusiveness of compensatory interest, seeking to standardize criteria and avoid divergent court decisions. Both precedents reflect a judicial policy aimed at streamlining the justice system and ensuring predictability in relationships between consumers and financial institutions. The Justice’s actions reinforce the role of the Superior Court of Justice (STJ) as a court for standardizing federal law and promoting the stability of contractual relationships.