Alteração dos índices da caderneta poupança e a constitucionalidade dos Planos Bresser e Verão

Abstract

This dissertation examines the constitutionality of the rules that implemented the Bresser (1987) and Verão (1989) Plans in Brazil, focusing on changes in the monetary correction indexes of savings accounts. These plans were chosen as the object of study due to their relevance in the constitutional debate and the need for thematic delimitation for an in-depth analysis. Faced with the inflationary crisis of the 1980s and 1990s, the government adopted monetary stabilization plans to contain the effects of the currency devaluation. However, the replacement of the savings account correction criteria generated a strong reaction from savers, who alleged violation of acquired rights and of the perfect legal act, resulting in a national macrolitigation. The controversy was taken to the Supreme Federal Court, through ADPF No. 165 and Extraordinary Appeals affected under general repercussion, demanding a definitive position on the constitutionality of these measures. The study also addresses the role of the collective agreement signed between consumer representative entities and financial institutions, approved by the STF in 2018, and its influence in settling the controversy. Although it enabled the voluntary adhesion of savers, its effect on the legal basis of the final decision raises questions about its interference in the central thesis of the controversy. The results demonstrate that, despite the prolonged legal disputes, the changes in the monetary correction criteria were aligned with the need for state intervention to contain hyperinflation. The judgment of ADPF No. 165, held in May 2025, confirmed the constitutionality of the Bresser and Verão Plans, extending the deadline for adhesion to the collective agreement. However, doubts remain regarding the reasoning adopted by the STF and the compatibility between constitutional principles and monetary policies. Finally, it is concluded that the economic plans were essential to address inflation and are legitimate in light of the current legal system. The study reinforces the need for a balance between legal certainty and state intervention in the economy, highlighting the impacts of the judicialization of monetary policies and their implications for the country's financial stability