This February, the Federal Supreme Court (STF) allowed, by law, that some documents of debtors can be revoked. The decision may result in the loss of the National Driver's License (CNH), passports and a ban on taking office in public tenders. A proposal it was already allowed in some specific cases, but now the measure is applicable to cases of defaulters who go to court.
Defaulters and loss of documents
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The cancellation of documents will only be allowed when the charge is made in court. This only happens when there are several attempts by the finance company to negotiate the debt, but there is still no return from the debtor. After collections, the debtor will be notified to appear in person at a court of law.
Brazil faces a rise in defaults over the years.
According to research data from the National Confederation of Trade in Goods, Services and Tourism (CNC), in January this year, 29.9% of families in the country had a dirty name. The peak occurred in the last three months of 2022, when it reached 79.3% of groups with debts and 30% of defaulters.
For these measures to be effective, the defaulter must meet these criteria:
- The documents will only be seized when there is a court decision;
- Professional drivers are free from the seizure of any document;
- Food debts do not allow CNH and passport to be seized;
- It will be necessary for financial institutions to contact the debtor for the debt to be negotiated. After the attempts, the case may be taken to court.
Apprehension was already allowed in some specific cases
The UOL media reported that these cases of charge were already allowed. According to an example used, the 20th Private Law Chamber of the TJ-SP (São Paulo Court of Justice) blocked the passport and driver's license of a debtor, claiming that he had financial conditions to settle the debt, but even so denied.
In the process, there was evidence that the financial institution tried to negotiate the debts, but was unsuccessful.
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