The Attorney General of the Republic, Augusto Aras, defends in the Federal Supreme Court (STF) the unconstitutionality of excerpts from Law 14.431/2022 which, among other points, authorized the making of loans allocated to those registered in the Continuous Provision Benefit (BPC) and beneficiaries of federal programs, such as Auxílio Brasil.
The norm also expanded the credit margin to CLT employees, active and inactive public servants.
In the understanding of the PGR, by allowing a group of high economic vulnerability to commit a significant percentage of their monthly income, the normative act paved the way for the “over-indebtedness” of families, configuring a violation of the constitutional principles of human dignity and consumer protection .
The demonstration refers to the Direct Action of Unconstitutionality (ADI) 7223, filed by the Democratic Labor Party (PDT). The process is being reported by Minister Kassio Nunes Marques. In the request, the association alleges that the law offers potential harm to the less favored population.
Aras recalls that consumer protection is a principle of economic order, provided for in Article 170 of the Federal Constitution. As he argues, the Magna Carta recognizes the existing asymmetry between the consumer and the supplier of the product or service, which allows the State to intervene in this relationship.
The PGR also points out that the Supreme Court has already decided that the principle of free initiative does not prohibit the State from acting to ensure the achievement of indispensable objectives for maintaining social cohesion, including consumer protection.
“What the contested law did, by increasing the limits for (or enabling) the contracting of loans with payment deducted from the payroll by the INSS or the Union (consigned credit), was to remove a layer of protection for the rights of the low-income population”, he pointed out. Aras.
In the opinion of the attorney general, in the context of serious economic and social crises caused by the Covid-19 pandemic and the war in Ukraine, this portion of the Brazilian population will be even more vulnerable to creditor financial institutions.
*Posted by Marcello Sapio
Source: CNN Brasil
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