Clipping of news on Brazilian Culture, Law and Citizenship
08/13/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Decision of Supreme Court precedent and opens businesses only need to send email
SAO PAULO. A decision of the Superior Court of Justice (STJ) from last Tuesday facilitates the inclusion of consumers in arrears register of defaulters. By understanding - that has no force of law, not be binding character - Serasa Experian, financial information company, no longer need, for example, require document proving the existence of arrears before including the name consumers from the list.
Before the bank or shop needed to send SERASA document proving the unpaid debt. Now, it is sufficient that a creditor make a communication, by phone or email, for example. Although not law, the decision taken after public civil action filed by the Attorney General of the State of Mato Grosso do Sul, a precedent for judges from around the country follow the new rules, says Gustavo Gonçalves Gomes, coordinator of the consumer law firm Siqueira Castro.
Also according to the expert, the opinion of the Supreme Court can also be applied in cases involving other financial information companies that have similar databases such as Boa Vista and SPC Brazil. The decision, however, has not been published by the Supreme Court - that tells you there is still no date for this to occur. Therefore, the provisions do not need to be implemented. Also according to the court, Serasa was not notified, what should happen only after the publication of the decision.
Other changes. Understanding the STJ also disclaims SERASA to notify the debtor of the inclusion of the name in the list via registered mail with return receipt - can now be through joint letter. "In practice, it takes any responsibility SERASA. The company, for example, may include the name even if the letter astray, "says Gomes.
The court also set new parameters for the removal of names from the list of defaulters in case of litigation. The consumer must now file a suit challenging the debt, prove that debt is not feasible (eg, in the case of debt contracted in another state) and pay a debt with which I agree.
Before, there was no specific determination about the procedure. The Decision requires that SERASA delete the database names of consumers with debts already paid or prescribed and those who have negative information registered for more than five years, but does not stipulate deadlines for the procedures. The company is also prohibited from providing any information that could prevent or hinder access to credit to new borrowers who already had lapsed debt or have a name in the register for more than five years.
If there is noncompliance with the rules, the Supreme Court ruled that judges in each case specify the appropriate penalty. For Gomes, the court's decision gives more protection to companies that may use more forceful tactics collection. "They may use more aggressive methods to retrieve the values in the medium and long term," he says.
"I see no positive impact for the consumer who is most vulnerable, especially with regards to how his name is inscribed as it is not consulted in advance about the existence of the debt," he said. For Maria Ines Dolci, coordinator of Protest, an association of consumer protection, the STJ understanding is harmful. "Imagine the consumer having to go to court to inform you that did not know the debt? This communication is key, "he says.
"The Consumer Protection Code is very clear. You can not, in any way, enter the consumer in any registration without informing you, "he says. In a statement, says SERASA does debt collection, "notes only information about credits that will be registered in their registers and forwards the notice to include the name of the debtor prior to the application, so that it can regulate debt or request correction of information. "
Source: The Tempo.com.br
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This article was translated by an automatic translation system, and was therefore not reviewed by people.