02/10/2014
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Among the three projects , the indebtedness , which brings more advances , is the most controversial
Actions . Senator Romero Juca says search model that avoids flood of lawsuits in court Photo: Ailton de Freitas / Ailton de Freitas/22-04-2013
BRASILIA - Expected to be voted on at the end of last year , the proposed update of the Code of Consumer Protection ( CDC ) remains stalled in the Senate . Amid a power struggle between the government , the productive sector and parliamentarians, three bills dealing with the subject received 106 amendments . The Rapporteur, Senator Ricardo Ferraço ( PMDB - ES ) , welcomed 42 of them , but the deadlock continues and the text has no date set for a vote .
One of the most controversial projects , which comes to the over-indebtedness of consumers , is criticized. For example , on the mention of the existential minimum , understood as the minimum amount for the maintenance of reasonable monthly living expenses such as food, water, electricity , health and housing . Another critical point is the inclusion in the proposed law prevent consumers commit more than 30 % of income in hiring payroll loans , also to preserve the minimum called existential .
Sources involved in the negotiations considered the " problematic " process and said
that in view of the financial sector and a ward of the government , the fear is that there is a
rigidities in lending . For the lawyer of the National Confederation of Commerce ( CNC ) Cácito Augusto Esteves , the proposal complicates the recovery of consumer credit , which can raise even more interest .
- Whenever there are proposals that create actual or potentially more an obstacle for operators of credit and financial institutions to grant or recover the loans , the effect is the increase in interest - said Esteves, who considered that the project gives one Procons " inordinate power " .
One of the amendments providing for the withdrawal of the minimum existential statement was presented by Senator Romero Juca ( PMDB - RR ) . Sought , the senator said , suggesting the deletion of the term , wanted to raise the debate on the model of lending in the country in order to avoid a flood of lawsuits in court . In his view , irrespective of the term " existential minimum " , we need to discuss the situation of people today are already indebted and could run to the courts to seek a solution . This amendment was rejected by Juca rapporteur .
- The concern is to create a model that preserves the healthful credit and fix problems without bringing back a flood of actions and hamper lending . When activated , companies can hamper consumer credit - said Juca , who had accepted other amendments , such as establishing centers of conciliation and mediation of conflicts arising from indebtedness .
Consumer Guarantee
In evaluating the vice president of the Brazilian Institute of Policy and Consumer Law ( Brasilcon ) , Walter Moura , with the definition of concepts - like the existential minimum - allowing judges treat a case- indebted households will have a "light at end of the tunnel . " He noted that banks have always had a fear that judges interpret bank contracts and it affecting performance. In practice , however , pondered , the profitability of financial institutions have not been affected by judicial decisions .
- The hope is that there is adherence to the project . It is very difficult to want to give the heels of economic growth without offering in return guarantee consumer protection said .
According to Ricardo Ferraço rapporteur , there is an " established stress " between the segments involved in the discussion . For him , now is the time to listen to all sides and seek a consensus on the proposal . Ferraço expect the text to be voted on until March :
- The projects address new phenomena such as electronic commerce and indebtedness . It is natural that stress.
The Director of Special Programs of Procon- SP , Andrea Sanchez , said the system of consumer protection is monitoring the possible changes in bills , in order to avoid a setback with respect to the rights already granted to Brazilians. In his view , especially with regard to the subject indebtedness , amendments that remove the prohibition of harassment hiring credit or advertise zero interest in installments represent harm to consumers .
Wanted , Ministry of Finance and Central Bank does not comment the bills .
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This article was translated by an automatic translation system, and was therefore not reviewed by people.