As cooperativas de crédito no Brasil: uma análise jurídico-econômica de sua estrutura e consolidação

Abstract

The Credit Unions are set ups of private law entities with the purpose of promoting financial solutions, and savings education, to the needs of its members without the search for profit, as likewise other kinds of cooperatives present in the country. It is necessary to Highlight the importance of the Cooperatives, they are present in a diverse amount of activities; Farming, Finances, Education, Habitational, Mining, Industrial Production, Healthcare, Labor, Transportation, Tourism, Recreation and many more. That totals 13 million members in more than 6 thousand Cooperatives, most are located at the states of São Paulo, Paraná, Santa Catarina and Rio Grande do Sul, the cooperatives are also responsible for providing about 350 thousand direct jobs. This monograph aims at the study of the Credit Unions with emphasis in the; Historic background, The Brazilian Constitution from 1988, specifically Article 5º XVIII, The Nacional Policy on Cooperatives (Federal Law number 5764 from 1971), The Civil Code (Federal Law number 10406 from 2002), The Federal Supplementary Law number 130 from 2009 and many additional resolutions from the Brazilian Central Bank. From these sources, it aims to analyze the institutional consequences of the actions from the Three Powers of the Brazilian Government against not only the Credit Unions, creating a big disadvantage for the Unions against Commercial Banks, but also against the Brazilian Citizen whose right to access low-cost credit is harmed by the actions (in the sense of weakening the Unions) or inactions (the lack of promoting financial education) of the Government.