[ad_1]
BRAZIL – A Camera of deputies approved on Thursday the proposal already analyzed by the Senate that prohibits eviction requirements until October 30, due to the coronavirus pandemic. The project also addresses other points of private law relations and includes suggestions from the President of the Supreme Federal Court (STF), Toffoli days, of the rules that should be applied only during the crisis period.
Bolsonaro“We will meet 100% with Guedes”, says about the veto to the readjustment of servers
The rapporteur of the initiative in the Chamber, Enrico Misasi (PV-SP), eliminated only one point from the project. As there was a change, the text returns to the Senate, according to the president of the session, Marcos Pereira (Republicans-SP).
The rule that prevents eviction applies to actions filed as of March 20, 2020, the date of publication in the Official Gazette (DOU) of the decree that recognizes the state of public calamity in the country. Misasi argues that the new legislation is “minimal protection” for the tenant “without interfering with any type of property right.” In addition, he cites the possibility of avoiding an avalanche of lawsuits.
– In order for there to be judicial coherence at the forefront, in the first instances, and for there not to be an avalanche of opportunistic judicial demands, it is necessary to carry out some interventions in private law to provide this security – Misasi said.
The text does not exclude some possibilities of eviction. In the event of termination of the seasonal rental, death of the tenant without successor, or need for urgent structural repairs to the property, there may be a court order for the property to be vacated.
Post crisis:The government studies the tax declaration in the line of the CPMF to alleviate the payroll and create jobs
The rapporteur did not include a section that was almost incorporated into the Senate. In the original wording, Senator Antonio Anastasia (PSDB-MG) anticipated the suspension of the rent payment by the tenants until October 30. However, the Senate rapporteur, Simone Tebet (MDB-MS), considered that the rule should be removed “because it establishes an absolute presumption that tenants will not be able to pay rents and because they ignore the fact that there are cases of landlords surviving only from those rents. ”
Misasi evaluated this point in the same way. During the House vote, the PSB even tried to make changes in this regard by presenting a highlight, but was defeated.
– In the original draft, there was an article giving a partial moratorium on rents. If the tenant demonstrates that there has been a decrease in rent on their part, they may not unilaterally pay a percentage of the rent. That fell in the Senate. The only thing (on this subject) that remained in our report was (the text) approved in the Senate: the prohibition to grant a judicial order – said Enrico Misasi.
The bill contains rules that, if sanctioned by President Jair Bolsonaro, will be valid until October 30 or until the repeal of the decree of public calamity in the country. The idea is precisely to create exceptional rules to deal with the scenario imposed by the pandemic in private law relations.
The House rapporteur excluded a section of the Senate bill that required app companies like Uber, 99 and Cabify to reduce by at least 15% the percentage charged to drivers for each trip until October 30.
Other points of the project.
DELIVERY OF FOOD PENSIONS
Until October 30, food debt arrests must take place at home.
ACTIONS IN JUSTICE
Prescriptive deadlines are prevented and suspended in court.
DELIVERY
The project temporarily suspends the “period of repentance”, provided for in the Consumer Protection Code. In the case of home deliveries of perishable products and medicines or for immediate consumption, there will be no period of seven days to withdraw from the purchase.
DATA PROTECTION
The approved project foresees the postponement of the General Data Protection Law, scheduled for August of this year. If the bill is sanctioned, the sanctions provided for in the rule will only come into effect in August 2021. The other rules, which govern data protection, will take effect from January of next year.
Associations
The text says that associations, societies and foundations must “observe the restrictions on holding face-to-face meetings and assemblies until October 30, 2020, during the term of this Law, observing the sanitary determinations of local authorities.” Religious organizations were also in the package, but were eliminated in the Senate under pressure from priests and pastors.
CONDOMINIUMS
The proposal grants new powers to liquidators. He predicts that they can restrict the use of common condominium areas to avoid coronavirus contamination, while respecting access to tenants’ exclusive property. Liquidators can restrict or prohibit condominium meetings and parties. The text says that condominium assemblies can be carried out through virtual means and that “if it is not possible to hold a condominium assembly in the manner foreseen in the department, the liquidator’s terms that expire from March 20, 2020 they extend until October 30, 2020. “
OVERLOAD ON HIGHWAYS
The project gives the National Traffic Council (Contran) the mission of issuing rules that temporarily relax compliance with laws on weight limits for passengers and vehicles.
BUSINESS INFRINGEMENTS
Some economic infractions are suspended during the pandemic. They are: the sale of goods or the provision of services irrationally below the cost price and the partial or total transfer of the activities of the company without just cause. The text indicates that the Administrative Council for Economic Defense (CADE) must analyze other types of infractions taking into account “the extraordinary circumstances resulting from the Coronavirus pandemic (Covid-19)”.
