The Ministry of Citizenship published this Tuesday (27) an ordinance that regulates the payroll loan for beneficiaries of the social program Auxílio Brasil.
The publication of the ordinance in the Official Gazette takes place in the final stretch of the elections, in which President Jair Bolsonaro (PL) seeks re-election. The president appears in second place in the voting intention polls, behind Luiz Inácio Lula da Silva (PT).
Consigned credit is a type of loan in which the contracting parties have their debts deducted directly at source — in this case, in the payment of installments, Auxílio Brasil.
According to the decree, the number of installments of the payroll loan cannot be greater than 24 successive monthly installments. In addition, the interest rate cannot exceed 3.5% per month.
In July, the National Congress approved, without changes, the provisional measure sent by the government that authorized payroll loan operations for beneficiaries of Auxílio Brasil, a program implemented by the Bolsonaro government to replace Bolsa Família.
The proposal determined that payroll-deductible loans can be granted up to a limit of 40% of the benefit amount. The text also released this credit for those who receive the Continued Benefit and increases the margin of payroll-deductible credits for retirees and pensioners.
The text of the ordinance determines that the family member receiving the Auxílio Brasil will be the one who can authorize the discount of the benefit received by his family, from the amounts referring to the payment of the loan. The borrower must expressly authorize the financial institution to have access to the personal and banking information necessary for the execution of the contract.
This authorization must be in writing or electronically. “Authorization given by telephone or by means of voice recording recognized as a means of proof of occurrence will not be accepted”, the text states.
The ordinance also contains an annex, with a questionnaire that must be presented by the financial institutions to the beneficiaries of the program. Among other points, the text seeks to inform those interested in consignment that this modality should be one of the last options to obtain credit.
“The Auxílio Brasil payroll loan is an option that should only be used in cases where you really have a problem that you cannot solve without making this contract. Check if someone in your family or community can offer you another solution, where you don’t have to pay interest”, states the text of the template.
One of the articles in the ordinance of the Ministry of Citizenship also prohibits inhabited financial institutions to grant payroll-deductible loans to this public from carrying out any marketing activity, commercial offers, proposals or advertising to try to convince the beneficiaries to enter into the agreements.
These “commercial harassment” activities will be subject to penalties, up to and including suspension of license for these operations.
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