After a year had passed since the approval of the Over-indebtedness Law, it seems that a federal decree, published in the Diário Official of the Union on July 27, 2022, regularizes the rules that will define the necessary requirements and criteria for someone to is considered “in a state of over-indebtedness” and, therefore, be entitled to obtain a minimum amount that cannot be committed to its debts.
In this sense, the indebted person will be entitled to a portion of his money to maintain his existence and basic needs. According to the publication made in the Official Gazette of the Union, the minimum that will be considered is 25% of the minimum wage, that is, a value of 303 reais, relative to the value of the minimum wage at the time of production and placement of this post.
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That decision, in turn, divided experts in the field. While some believe that the law can now be effectively applied, others believe that this regulation could affect people's debt even more, since they will be able to use only 303 reais for their existence, which, in practice, is impossible. Thus, if, when adding all the debts of a citizen and subtracting this amount from the amount corresponding to the minimum wage, there is less than 303 reais left, that subject will be considered over-indebted.
According to Guilherme Farid, executive director of Procon-SP (São Paulo Consumer Protection and Defense Foundation), analyzing this scenario from a technical point of view, such decision, in a way, fills some gaps that existed in the Law of Over-indebtedness.
“This concept [of over-indebtedness] is not linked to the person's salary, that is, the salary and their financial reality do not matter. What the law says is that the net amount of R$303 must remain. If there is less left, by legal concept, you are considered over-indebted. If R$304 is left over, for example, it is considered indebted”, he says.
Geographer and pseudo writer (or otherwise), I'm 23 years old, from Rio Grande do Sul, lover of the seventh art and everything that involves communication.
