Os aspectos jurídico-econômicos dos bancos populares de desenvolvimento solidário: o leading case banco palmas

Abstract

The advent of the Solidarity Development Popular Banks entails a factual reality which has not been subsumed under a specific statute yet. In addition to high social significance activities, these institutions provide certain services which the law assigns to financial and non-financial institutions, and if that were not enough, the aforementioned institutions emit their own currency. For these reasons, the State should interfere in the freedom of choice framework, regulating the deeds that may attempt against the common good and the privileged evidential value. This work will be guided by the descriptive and analytical study, developed by bibliographical and documentary research, analyzing the leading case Palmas "Bank". It was noted that the activities performed and the services rendered by Palmas "Bank" resemble those of a conventional bank, the only difference being the lack of legal basis and therefore some specific requisites. We conclude that, being a nonprofit civil society organization, Palmas "Bank" could not act as an actual bank, but on the other hand, if some statutory requirements are fulfilled, it is assumed the existence of tax privileges. In practical terms, social currency is a negotiable instrument because it is a literal and autonomous document which replaces currency, circulating and developing trade relations in a given locality. It is not appropriate, a priori, any charge in criminal perspective, for the privileged evidential value would not being affected at this point, supported by the fact that social currencies move in a defined geographical area.