11/04/2025
The Special Court of the Superior Court of Justice (STJ) has confirmed, in Theme 1,368, designated as a leading case, that Article 406 of the 2002 Civil Code, even in the period preceding the entry into force of Law No. 14,905/2024, must be interpreted as establishing that the Selic rate applies to default interest on civil debts.
As emphasized by Justice Ricardo Villas Bôas Cueva, the case’s rapporteur, this understanding had already been adopted by the Court, as evidenced in the judgment of Special Appeal No. 1,795,982. On that occasion, the prevailing opinion, delivered by Justice Raul Araújo, held that the Selic rate should be used to determine the default interest provided for in Article 406 of the Civil Code, encompassing both monetary correction and interest for delay, up until the new law entered into force.
With this latest ruling rendered under the repetitive appeals mechanism, the legal thesis now acquires binding effect, becoming mandatory for all judges and courts throughout Brazil. As a result, as the rapporteur pointed out, any debate on legal relationships established after this legislative amendment is closed, since our legislation now expressly provides that the Selic rate is the reference rate to be applied.
Accordingly, STJ has consolidated the interpretation that Article 406 of the Civil Code in the period preceding the entry into force of Law No. 14,905/2024, must be understood as adopting the Selic rate for both interest and monetary adjustment. With the law now in force, however, calculations must be carried out using monetary correction based on the IPCA index, plus default interest calculated at the statutory rate (Selic minus IPCA), which is computed and published by the Central Bank of Brazil on the first business day of each month.
Authored by: Maria Carolina Oliveira Chiacherini
