The Senate approved on Wednesday (1) the bill that prohibits the granting of payroll loans without the express favorable manifestation of the beneficiary. The text follows for analysis by the House of Representatives.
Under the proposal, the beneficiary who receives, without requesting, the amount regarding loan, financing, credit card, payroll or lease may return the money, and is exempt from the payment of any charges.
In case of fraud or justifiable mistake, that is, in cases where there was no bad faith on the part of the loan provider, it will have up to 45 days to prove it or will be fined 10% of the loan amount.
The amount of the fine will be destined to the Consumer Protection Fund and the National Elderly Fund.
The project also states that, in the hiring performed by remote means, the consignee institution should adopt technology that allows confirmation of the customer’s identity and its consent to hire the operation.
This confirmation should be made through biometric recognition or authenticated access, from the use of technological tools, or through double confirmation by the beneficiary.
The project also defines that it will be considered discriminatory for the elderly to stipulate non -extended requirements to other audiences, such as physical attendance in agencies or facilities, in the granting of payroll consignment operations.
The project rapporteur, Senator Otto Alencar (PSD-BA), justifies the proposal arguing that the granting of payable credit without the express authorization must be prohibited because it was not proven to be the will of the contractor, an essential requirement for a binding contract to the parties.
“The unilateral grant of payroll loans leads the consumer to excessive and unjustified indebtedness, which he often does not realize, because he has not even requested the loan. In these cases, the consumer can be considered hypervulnerable, because he is often elderly and retired,” he said.
Braille
The senators also approved the Senate Bill (PLS) 528/2015 authorizing the use of pamphlets in the Braille system in the electoral campaigns of candidates for the majority positions.
According to the proposal, part of the printed material of candidates in the majority elections for the executive (president, governor and mayor) and for the Senate, should contain leaflets and steering wheels in the Braille system.
The text goes to the House of Representatives.
The rapporteur of the bill, Senator Eduardo Braga (MDB-AM), included an amendment that deals with the minimum constitutional age mark for eligibility purposes. For the Executive, the age is set at the date of possession, in respect of the rule already provided for in the Constitution. For the city councils, the milestone already in force of the deadline for the request for registration is maintained, considering the minimum age of 18 years to the position of councilman.
In other legislative houses, it is proposed to measure the age in presumed possession, to occur within 90 days of the election of the board of the house, in order to prevent regimental manipulation that may distort the constitutional rule.
