Articles | Postado no dia: 5 November, 2026
Civil Code Reform and the New Rules for Debt Adjustment.
The recent amendments to the Brazilian Civil Code and the changes to the rules governing the adjustment of civil debts have had a direct impact on businesses, creditors, and debtors. With the enactment of Law No. 14,905/2024, the legal landscape is undergoing changes that require careful attention to avoid financial risks and litigation.
What Has Changed?
Since 2002, Article 406 of the Brazilian Civil Code has provided that, in the absence of a contractual provision, default interest would be based on the rates applied to federal taxes, leading to divergent interpretations. Under the new legislation, this rule has changed: interest must be calculated based on the SELIC rate, minus the IPCA inflation index. This change aims to simplify calculations and align financial charges with the country’s economic reality.
Conflict Between Legislation and Case Law
However, this legislative amendment conflicts with the recent position adopted by the Superior Court of Justice (STJ). In August 2024, when the new law had not yet entered into force, the Court ruled that the SELIC rate should be the sole index applied to civil debts, without deducting the IPCA. This has created a conflict between the new legislation and the Court’s established position, resulting in legal uncertainty for creditors and debtors.
Civil Code Reform and the Future of Civil Debts
Meanwhile, the broader reform of the Brazilian Civil Code, currently under consideration in the Federal Senate, proposes additional changes, including setting default interest at 1% per month and capping agreed-upon interest rates at 2% per month. The aim is to provide greater predictability in contractual and other obligations and prevent abuses in the interest rates applied.
What Should Business Owners and Investors Do?
Given this scenario, companies must reassess their debt negotiation and collection strategies. Divergences between legislation and case law may lead to judicial disputes, making specialized legal advice essential to ensure the proper application of the new rules and mitigate litigation risks.
Would you like to understand how these changes may affect your business? Our team is ready to provide the legal assistance you need to protect your assets and optimize your financial strategies.
Author: Giuliano Pimentel.
