Supervisão e regulação bancárias à luz do direito comparado, do direito internacional e do direito brasileiro

Abstract

It is analyzed, in this master dissertation, our national bank supervision, making a study of comparative law with United States of America, and also in comparison with the international rules already established in the most important forum. In this work is also shown the bad consequences that a defective supervision provides to the National Financial System. The United States of America have been chosen, for comparisons in the internal ambit, for being the most important national financial system in the world. Besides that, this country has great influence in the Basiléia Committee, which is nowadays the most important informal forum of bank supervision in the international context. Its also presented the legislation applied in the European Union, another important international forum, indicating its principal rules. At the end of the study, after identifying the worst failure of the bank regulation and supervision in Brazil, in comparison with the supervision system of U.S.A., the rules of Basiléia Committee and analysis of the lawsuits already proposed which subject refers to the theme of National Financial System and to the bank inspection, the reports of the Comissão Parlamentar de Inquérito (Inquiry Parliamentary Commission) of the Banks and the Proer and interviews with the mentioned Parliaments, a several propositions are indicated, emphasizing the most proper ways to improve the model of brazilian bank control as well as their supervision, so that both can be improved to provide better effectiveness.