The venture that will increase the potential for foreclosures of a single household property should be stopped within the Senate – Notícias

The invoice that expands the potential for foreclosures of the one property of a household given as collateral for a mortgage is prone to encounter difficulties within the Senate. In keeping with the senators, the difficulty shouldn’t be analyzed this semester and any dialogue must be left after the elections. The textual content was authorised within the Home on the first and despatched to the Senate final Wednesday (eighth).

It’s now frequent observe that controversial tasks, even when simply authorised within the Home, are excluded within the Senate. President Rodrigo Pacheco (PSD-MG) normally sends points to standing committees and solely brings the difficulty to plenary when a consensus has been created.

The primary vice chairman of the Senate, Veneziano Important do Rêgo (MDB-PB) mentioned the difficulty shouldn’t be analyzed earlier than the parliamentary break, which is able to happen in mid-July. “There is no time. […] I, specifically, am against the pivotal level of this venture, the query of the tip of impregnability, “he advised al R7.

The textual content can be opposed by the chief of the PSD, the second largest financial institution within the Home, with 11 senators, Nelsinho Trad (MT). “We’re taking motion in opposition to this violation of the assured proper of households to not be evicted from their solely property for financial institution debt. The inhabitants is more and more in debt to outlive. Right this moment, for instance, three out of ten households are in default in Brazil, in keeping with the Nationwide Confederation of Commerce, we should defend the minimal, the dignity of household life “, he careworn.

The chief of the Podemos and PSDB parliamentary bloc, Lasier Martins (Podes-RS) mentioned the proposal “is absurd”. “Think about an aged couple residing in a household residence and the property is foreclosed. It is violence. I am going to take a powerful stand in opposition to it,” he mentioned. Within the senator’s evaluation, the textual content has little likelihood of being authorised so far as the Senate is worried. “I doubt there’s a majority to approve it. I believe we is not going to enable it,” he careworn. For him, the difficulty ought to solely be mentioned after the elections, which can be held in October.


The venture, which is of the federal authorities, is the topic of criticism from specialists. Among the many numerous improvements promoted by the matter, there may be the supply that the identical property can be utilized in a number of financing transactions and in numerous banks, with the ability to act as a assure for the mortgage till the entire worth of the asset is reached. In observe, this will increase the likelihood that an individual will lose it, as a result of it is sufficient to be in default with one of many banks to steal the property.

The textual content amends the 1990 Unsettlement Legislation, which usually gives {that a} household’s property – legally generally known as “household property” – can’t be taken and bought, with some exceptions. One in every of these is “for foreclosures on the property supplied as a assure by the couple or the household”, which is none aside from the non-payment of the true property mortgage.

The article modifies this part of the rule, permitting for attachment within the case of “property supplied as collateral, whatever the assured obligation or the vacation spot of the sources obtained, even when the debt is of a 3rd get together”. That’s, if the daddy ensures a debt of the son with the property, it is not going to serve to argue that he didn’t profit from the credit score granted and that the property is the one residence of the household, as is the case in the present day.

The rapporteur of the venture within the plenary, João Maia (PL-RN), acknowledged that the proposal “ensures consistency as a result of those that supply properties as collateral should not be protected and, within the face of non-compliance with assured obligations, claims that they can’t be enforced. owned by him. “Within the invoice he outlined that this rule doesn’t apply to” rural properties supplied as collateral for financing operations for agricultural actions, besides within the case of rural loans “.

The specialists additionally say that, basically, the venture additionally simplifies the seizure procedures. If initially the judicial occasion handed, which makes the method extra time-consuming, the venture creates the determine of the IGG (Assure Administration Establishments), regulated by the CMN (Nationwide Financial Council) and which might act as intermediaries within the course of between the borrower and the financial institution.

These IGGs would consider the ensures offered and move all info to the banks. The IGGs would even be answerable for the sale of the products within the occasion of non-fulfillment, with out the judiciary intervening.


Economist and coordinator of the monetary companies program at IDEC (Brazilian Institute for Client Safety), Ione Amorim says the venture creates a dangerous surroundings for customers. “A household property may be given as collateral for a number of credit score operations. This damages the issue of the unseenability of the household property”, she stresses.

The knowledgeable explains that buyers ought to understand that, if authorised, the venture will generate an surroundings with much less flexibility to renegotiate money owed in case of default, as a result of the monetary unit may have a home as collateral. Moreover, by permitting the residence for use for a number of loans, the debtor can attain a degree that, even by promoting the home, can’t repay the whole debt.

“This solely advantages monetary establishments,” he says. In keeping with her, the proposal takes place in a state of affairs during which Brazilian customers haven’t any monetary schooling and banks simply grant credit score, so long as there’s a assure (akin to a direct low cost on the paycheck and, within the case of the venture, the one residence of the household. ), with out analyzing the debt of the particular person.

Concerning the change made to the draft regulation on inseparability, which permits an individual to lose the property even when the debt belongs to a 3rd get together, Ione cites the circumstances of aged victims of monetary violence, arguing that there are a number of conditions during which youngsters or guardians are with their retirement. This provision, if it grew to become regulation, would open the area, in keeping with her, to aged people who find themselves victims of the sort of violence to lose their residence extra simply.


Professor on the FGV (Fundação Getulio Vargas) in Rio de Janeiro, the jurist Gustavo Kloh underlines that the textual content “will create a simplified speculation for folks to surrender the nice of the household”. “All housing is protected, and the particular person loses solely in circumstances excluded by the regulation on inseparability. With the venture the particular person will resign the safety of the household’s property,” he says.

Kloh additional explains that the venture will facilitate the consolidation of the alienated property on behalf of the creditor. “Right this moment the lender takes the property and sells it, however this process can be simplified. The venture simplifies every little thing. And what simplifies doesn’t make sense? No. In the US, for instance, when a financial institution is about to grab a property, the police simply put the particular person out. We can’t get there, however they’re taking away many ensures that folks have below the pretext that will probably be simpler to entry credit score, “he mentioned.

The accusation of the Ministry of Economic system is that the brand new framework makes using ensures for the granting of credit score extra environment friendly and that this “will contribute to the discount of curiosity and the rise of competitors by decreasing the limitations to entry into the sector” , permitting the inhabitants to entry cheaper financing.

The professor factors out that there is no such thing as a proof that it will truly occur. “The thought is that they provide decrease rates of interest to those that settle for the waiver clause for the one household property. However will this grow to be actual? Or will curiosity stay excessive and free credit score solely for many who signal the clause? I’m pessimistic It will likely be. the way to cost for baggage, with the promise that the value of the ticket will drop, actually not, ”he evaluates.


It additionally stresses the worry that there is no such thing as a readability in borrowing and many individuals find yourself agreeing to pledge their residence with out even realizing it. “It might probably’t be that web factor, which does not see nicely and clicks on the field. It should be very express that the particular person provides up the one property of the household. The resignations are usually not presumed,” she says. .

Professor of financial regulation at UnB (College of Brasilia), Othon de Azevedo Lopes says the venture opens a door to over-indebtedness. “It’s a very large danger inside our actuality. An excellent a part of the debtors in Brazil are folks with a modest schooling and who might, in an unaware means, take these loans. [dando suas casas como garantia] and not using a full consciousness of the gravity of the choice, “he explains.

Already the specialist in actual property regulation Ana Carolina Osório defends the concept the venture corrects solely components of the laws and ensures larger certainty of the appropriate to operations. The lawyer doesn’t consider that the adjustments enhance the potential for foreclosures of a household property and factors out that the financial institution units the curiosity primarily based on the danger you run. Due to this fact, the article, for her, goals to scale back this danger, scale back rates of interest and transfer the financial system.

“When it takes a very long time to repay a debt, curiosity will increase. They need to elevate the mortgage. However, for this, the banks should have a sooner process, with out the intervention of the judiciary, to promote the property and acquire the mortgage. Mortgage.. It is just like what occurs with fiduciary alienation. If you happen to do not make the fee, you exchange the property to the financial institution, which is able to public sale the property, “he defined.

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