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In a remote session on Tuesday (12), the Senate Plenary approved the bill that prohibits inscription of delinquent consumers in negative registries during the state of calamity due to the coronavirus pandemic (PL 675/2020). The matter was approved by 72 votes to 4 in the form of a substitute presented by the rapporteur, Senator Rose de Freitas (Pode-ES). As it was modified in the Senate, the bill is again analyzed by the Chamber of Deputies.
At the initiative of Deputies Denis Bezerra (PSB-CE) and Vilson da Fetaemg (PSB-MG), the project suspends the registration of consumers in information banks such as Serasa and the Credit Protection Service (SPC). The suspension is retroactive for noncompliance cases registered after March 20, the date the disaster status was approved. According to the authors, the objective of the project is to guarantee that those affected by the pandemic continue to have access to credit.
Rose de Freitas defended the approval of the proposal, which prevents consumers who are temporarily in default “in the face of the adverse economic effects of social isolation measures, especially those affected by the loss of informal income, the reduction of wages or the suspension of employment contracts, either, also penalized for the loss of lines of credit due to the registration of negative information ”.
– The objectives of the project include satisfying the needs of consumers, respecting their dignity, health and safety, protecting their economic interests, improving their quality of life, as well as the transparency and harmony of relations with consumers. – argued the rapporteur.
Changes
Rose de Freitas noted that the changes to her substitute are intended to improve the text. Twenty amendments were tabled, of which the rapporteur accepted 17, in whole or in part.
The original project provided for the suspension of the registration of delinquent consumers for 90 days. According to various amendments, the suspension will now apply during the calamity period, which is expected until the end of the year. The rapporteur also took the suggestion of Senator Fernando Bezerra Coelho (MDB-PE) that the recording of negative consumer information during the pandemic be carried out separately from normal records. After the calamity period has elapsed, the registry returns to the ordinary situation, except if the debtor requests a renegotiation.
For the substitute, according to the amendment by Senator Marcos Rogério (DEM-RO), the execution of bonds and other debt documents is suspended. At the suggestion of Senator Angelo Coronel (PSD-BA), registration in negative registries cannot be used to restrict specific access to lines of credit. Another accepted amendment, by Senator Randolfe Rodrigues (Rede-AP), establishes that public banks must provide special lines of credit of up to R $ 10,000 for the renegotiation of the debts of consumers registered in the negative information registers.
– This is an important measure for families affected by the pandemic – said the rapporteur.
Rose de Freitas also incorporated in the substitute an amendment by the Venezuelan senator Vital do Rêgo (PSB-PB) to provide that the eventual fines and amounts collected in compliance with the project will be used for measures to combat covid-19, obligatorily in the area of health, for the acquisition of medicines, supplies, materials and equipment.
Warranty
Senator Eduardo Braga (MDB-AM) praised Senator Rose de Freitas’ work and classified the project as “important, as it will allow credit to flow.” He said the article is a form of “guarantee” for the consumer, during the coronavirus crisis. Other senators, such as Otto Alencar (PSD-BA) and Daniella Ribeiro (PP-PB), praised the quality of the report. Senator Rogério Carvalho (PT-SE) said Rose did a wonderful job, while Marcos Rogério classified the rapporteur’s text as “brilliant.”
Some senators, however, questioned the merits of the proposal. For Senator Oriovisto Guimarães (Pode-PR), the project is dangerous and will do “more harm than good”, since the merchants will have to “decide in the dark”. He even requested the withdrawal of the project, so that the matter could be discussed in more depth.
In Senator Telmário Mota’s (Pros-RR) opinion, the project is a kind of “wolf in sheep’s clothing”, as it can serve as an incentive for non-compliance. Senator Izalci Lucas (PSDB-DF) acknowledged that the project is “well intentioned.” However, he noted that the proposal could “harm the system.” According to the senator, the trade may prefer not to sell under the conditions imposed by the bill.
– The market will not be sold without guarantee. There will certainly be a reduction in credit. Who will sell without the guarantee that they will not receive? – The senator questioned, announcing a vote against the matter.
When dealing with the same topic, two projects were attached to the matter approved this Tuesday: Bill 1,722 / 2020, by Senator Jaques Wagner (PT-BA), and Bill 1,852 / 2020, by Senator Roberto Rocha (PSDB- MA). Both proposals were archived.
Agência Senado (Authorized reproduction subject to an appointment by Agência Senado)
