REVIEW OF PAYROLL-DEDUCTIBLE LOAN CONTRACTS: JURISPRUDENTIAL ANALYSIS BETWEEN 2015 AND 2025 FROM THE PERSPECTIVE OF THE STJ AND STATE COURTS OF JUSTICE REGARDING THE POSITIVE AND NEGATIVE EFFECTS OF THIS TYPE OF CONTRACT

Abstract

This article analyzes, from a jurisprudential perspective, the performance of the Brazilian Judiciary in the review of payroll-deductible loan contracts between 2015 and 2025, focusing primarily on the rulings of the Superior Court of Justice (STJ) and selected State Courts. The research examines the normative and jurisprudential parameters applied to identify and correct abusive interest rates and charges, thoroughly investigating both positive effects (financial inclusion, cost reduction) and negative impacts (over-indebtedness, violation of the existential minimum). Adopting an exploratory, descriptive, and explanatory methodology, the study combines qualitative analysis with quantitative data. From the analysis of approximately 320 judgments delivered between 2015 and 2025 across seven selected state courts (TJSP, TJMG, TJRS, TJDFT, TJAC, TJPA, and TJAM), the data reveals significant regional asymmetries. In approximately 62% of claims involving hypervulnerable elderly consumers, the TJAC applied the existential minimum in a more protective manner than the objective parameter established by Decree No. 11,150/2022. Conversely, the Private Law Chambers of the TJSP maintained the exclusion of payroll-deductible loans from the assessment in roughly 71% of judgments prior to the Supreme Federal Court (STF) ruling in ADPFs No. 1,005, 1,006, and 1,097. These figures stem from an exploratory sampling survey conducted across official repositories, Jusbrasil, and CONJUR. To address this interpretative asymmetry, this paper proposes the "CET-Existential Minimum Linkage Criterion" as its core thesis, advocating for a standardized hermeneutic approach that balances robust consumer protection with the stability of the financial system, fully acknowledging the partial unconstitutionality recently recognized by the STF in the aforementioned ADPFs.