The federal government ‘did not play within the four lines’, to use the football expression used by the President of the Republic on respect for the Federal Constitution, by establishing an existential minimum of R$ 303.00, equivalent to 25% of the minimum wage, in a decree signed at the end of July. If this value is not modified, the Over-indebtedness Law will not be able to preserve the consumer’s right. After all, what fundamental domestic commitments can be paid for with BRL 303.00?
Until now, the usual thing was to preserve up to 70% of the consumer’s income for basic expenses, essential for a dignified life.
In addition, to make this already threatening scenario worse, the decree only guarantees this minimum for consumer debt. Financing, taxes and consigned credit (always it!) can ‘bite’ this value, reducing even more what is left to guarantee, to the citizen, the exercise of their fundamental rights defined in the Federal Constitution of 1988.
Clearly, the financial system and the collection machine were prioritized to the detriment of lower-income citizens, by the wording of decree nº 11.150/22, which proposed to regulate the preservation and non-commitment of the existential minimum for prevention, treatment and conciliation purposes of over-indebtedness in consumer debt.
To safeguard the right of Brazilian men and women to preserve part of their income for fundamental expenses –such as food–, Conamp (National Association of Members of the Public Ministry) and Anadep (National Association of Defenders and Public Defenders) joined, on the 25th, of August, at the STF (Federal Supreme Court) with a request for an injunction against the entirety of the aforementioned decree. Conamp and Anadep questioned ADPFs 1005 and 1006, respectively.
In addition, they request that, after the injunction is granted, there is a manifestation of the Attorney General of the Union and the Attorney General of the Republic.
We have lived for decades with a minimum wage that does not guarantee a dignified life for families in this country. Last July, the nominal minimum wage was R$ 1,212.00, and the necessary one, R$ 6,388.55, according to Dieese (Inter-Union Department of Statistics and Socioeconomic Studies). Now, we are threatened by an insufficient and even offensive existential minimum.
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