Responsibility of the Central Bank of Brazil for damage sustained to customers of financial institutions under extrajudicial liquidation or bankruptcy

Authors

  • Rafael Ribeiro Calegari Gomes State University of Londrina

DOI:

https://doi.org/10.5433/1980-511X.2006v1n1p227

Keywords:

State intervention in the economic domain, National Financial System, Financial Institution, Brazilian central bank, extrajudicial liquidation and bankruptcy, state responsibility .

Abstract

Checks the ability to hold the Central Bank of Brazil by danosocorridos to customers of financial institutions under extrajudicial liquidation , found failure in their duty to monitor by applying subjetive theory based on negligence or willful misconduct . Discusses state intervention in domínioeconômico , especially regulatory activity and the supervisory function; thesystem National Financial and institutions that compose it ; the role of Central Bank of Brazil as a supervisory body responsible for the adjudication of regimesespeciais ; in addition to state responsibility . It concludes that it is possible to responsabilizaçãodo Government for violating the right credit lenders from comproved fault and / or negligence , resulting in the omission of the public entity in condiçãoque allows the occurrence of the harmful event.

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Author Biography

Rafael Ribeiro Calegari Gomes, State University of Londrina

Graduated in Law from the State University of Londrina ( 2004) . Specialization in Public Law also the State University of Londrina ( 2006) . It is currently Financial Supervisory Agent of the São Paulo State Court of Auditors. It has experience in public law , with emphasis in Financial Law and Tax Law .

Published

2006-07-15

How to Cite

Gomes, R. R. C. (2006). Responsibility of the Central Bank of Brazil for damage sustained to customers of financial institutions under extrajudicial liquidation or bankruptcy. Revista Do Direito Público, 1(1), 227–244. https://doi.org/10.5433/1980-511X.2006v1n1p227

Issue

Section

Artigos