THE CIVIL LIABILITY OF FINANCIAL INTERMEDIARIES AND THE PRINCIPLE OF EFFECTIVENESS

13 January 2023 , by Pedro Sena Marcos.

3 min min reading
THE CIVIL LIABILITY OF FINANCIAL INTERMEDIARIES AND THE PRINCIPLE OF EFFECTIVENESS

Through legal proceeding nº. 8/2022, the Supreme Court of Justice has uniformized its jurisprudence on the civil liability of financial intermediaries towards their clients, for failure to comply with the information duties they are legally imposed on them by law, particularly regarding the financial instruments and investment strategies that they propose to their investor clients. The subject has been assuming particular relevance in recent years due to the risks the increasing complexity of financial products, as well as the losses that investors have following the global impact of the last major international financial crisis.

In fact, in addition to being complex, the range of financial products on offer today is securities - shares, bonds, participation units, for example -, derivative instruments for the transfer of credit risk, derivative contracts relating to securities, currencies, interest rates, yields, indices, indicators, commodities, weather variables, inflation rates among others. IIn the context of this scope and technicality, financial intermediaries - namely banking institutions and investment firms - play a central role. Especially with regard to the information they provide to their clients about financial products and investment strategies.