Content analyzed: One video published on the Nova Ordem Mundial profile on Facebook, criticizes the government of President Jair Bolsonaro (PL), especially the project recently approved in the Chamber of Deputies – authored by the presidency – instituting the Legal Framework for Loan Guarantees. The author of the video criticizes the fact that banks and other financial institutions will be able to seize the only property of a family that is in debt.
Conclusion: On June 1, 2022, the Chamber of Deputies approved the bill (PL) 4,188/21, which establishes a legal framework for the use of guarantees for obtaining credit. If approved, the text will allow, among other things, that a property given as collateral for a debt be pledged, even if it is the only asset of the family – today, this type of asset cannot be pledged. Content circulating on social networks about the bill, such as the video published on the Nova Ordem Mundial profile, which had more than 8,600 views on Facebook, states that “banks will be able to take over the houses of indebted people”.
The recording begins with an illustration of a so-called “rat race”, indicating that Brazilians “work to earn money, pay bills, until they run out of money and work again”, which the author classifies as a “vicious cycle”. After the introduction, the author goes so far as to suggest that President Jair Bolsonaro (PL) “should not only lose the elections, but also be arrested” and then go on to talk about the bill presented by the government. He also criticizes leftist governments.
Will the banks really be able to take over the homes of Brazilians? In what situations? Can this already happen? Did the government create the law? Faced with the questions, Comprova decided to explain the points raised in the content.
Bill and authorship
Bill 4188/2021 is authored by the Executive, as shown in the National Congress website. This Power, according to the Constitution in its chapter 76“is exercised by the President of the Republic, assisted by the Ministers of State”.
Also known as the New Guarantee Framework, the text was presented on November 25, 2021. The bill was approved by the Chamber of Deputies as a substitute in early June 2022. Now, the proposal must be voted on by the Federal Senate.
The text proposes a new Guarantee Framework, which, in the view of the Ministry of Economy, makes “the Brazilian credit scenario” “improved”. In justifying the proposal, Economy Minister Paulo Guedes said that it “has the potential to stimulate lower interest rates, increase the number of credit alternatives and reduce operating costs for financial institutions”. As for the opposition, against the project, it creates the risk of a “bubble” with excess borrowing. Bubble, in the real estate sector, is when there is a rise in the price of real estate that “does not match the real values of the goods” – this increase may be the result of high demand, which tends to occur with lower interest rates. The term refers to the 2008 financial crisis.
The original version of the federal government underwent some changes made by the rapporteur, federal deputy João Maia (PL-RN). The parliamentarian included, for example, the adoption of procedures for the extrajudicial execution of assets. This means that a person who voluntarily places his house as collateral for a debt in the contract may lose the property if he becomes indebted.
“Today, that is not allowed. If the text is approved in the Senate, this will be allowed”, explains lawyer Guilherme Botelho, professor of undergraduate and graduate studies in Law at the Pontifical Catholic University of Rio Grande do Sul (PUCRS).
Also according to the Ministry of Economy, “the New Guarantee Framework is part of the Mais Garantias Brasil program”which provides for the modernization of registry offices and the improvement of rural guarantees, among other points.
At the opening of the legislative year, Bolsonaro cited the Legal Framework for Guarantees as one of the priorities for 2022 when reading a message to the National Congress. Still according to the Ministry of Economythe PL facilitates credit guarantees, reduces financing costs and interest and increases competition.
Government proposed but did not approve project
In an excerpt from the content analyzed here, the author mistakenly claims that the Bolsonaro government was responsible for approving the bill. In the sequence, he adds: “so, when I say that Bolsonaro is the PT’s greatest accomplice and deserves to go to jail, it’s not for nothing, my brothers”.
The project, in fact, was presented by the Executive – which has the prerogative to adopt this measureas well as any deputy, senator, committee of the Chamber, Senate or Congress, in addition to the Attorney General of the Republic, the Federal Supreme Court, higher courts and citizens.
The bills begin to be processed in the Chamber, with the exception of those presented by senators, which begin in the Senate. The Senate functions as a reviewing House for projects initiated in the Chamber and vice versa. If the text of the Chamber is changed in the Senate, it returns for analysis by the deputies. Likewise, if a Senate bill is changed by deputies, it returns to senators. The House where the project started has the final word on its content, being able to accept or not the changes made in the other House.
After approval in both Houses (House and Senate), the projects are sent to the President of the Republic for sanction or veto.
In the case of the Legal Framework for Guarantees, the text already approved in the Chamber went to the Senate, with no forecast to be analyzed.
Major changes in real estate
Frederico Henrique Viegas de Lima, professor at the Law School of the University of Brasília (UnB), explains that the bill does not change the financing itself, but the possible guarantees for the provision of credit.
Regarding the possibility of financial institutions taking the home of indebted people, the expert says that the approved text changes the law on property unseizability (Law 8009/90), which puts a family’s own home safe.
At the moment, the family property can only be used as a guarantee for the financing of the property itself and auctioned if the housing financing is not paid. Other cases depend on a court decision.
With the PL, banks will be able to take their own homes in situations such as: when it is demonstrated that the family has benefited from placing the property as collateral or when the owner’s willingness to give the house as collateral is confirmed, assuming the risks.
“Hence, the law of impermeability of family property is amended to establish that, in any case, since the establishment of the guarantee is an act of will of the owner of the property, if he gives this guarantee property, it does not matter what the reason is. , that property can be pledged even if it is where the family resides”, he continues.
The specialist in real estate law comments that another of the main changes, if the text is approved, is that a property can be given as collateral in several different financing, with the value itself as a limit. Currently, real estate can only be given as collateral in a single operation and for a smaller amount.
Why we explain: Comprova investigates content about the pandemic, elections and public policies that reach a high degree of viralization on social networks. “Comprova Explains” is an instrument for readers to understand content that is going viral and causing confusion, as is the case with the video analyzed here. The checked post cites the president and pre-candidate for reelection, Jair Bolsonaro. False or misleading content involving political actors harms the democratic process and hinders the voter’s decision, which must be taken based on true information.
Other publications on the topic: In the midst of doubts on the subject, the new Legal Framework for Guarantees was the subject of an article by Valor Econômico that answers whether the bank may take debtor’s house.
Investigated by: O Estado de S. Paulo, Metrópoles, CBN Cuiabá and Folha de S. Paulo. Verified by: Correio Braziliense, O Dia, Nexo, Grupo Sinos, Imirante.com, SBT, SBT News and Diário do Nordeste.
Source: CNN Brasil
