Post by account_disabled on Mar 7, 2024 0:46:12 GMT -8
Customers who have stopped paying loans for more than five years cannot have their credit restricted by Caixa Econômica Federal. Unanimously, the rd Panel of the Federal Regional Court of the th Region determined that any negative account holder information entered into a registry or internal database before this deadline cannot be used in granting loans and financing. If the customer has credit rejected, the bank will also have to provide a justification. The information is from Agência Brasil .
The decision is valid for the entire country and is based on the Consumer Protection Code. The legislation, according to the court, establishes that consumer records cannot contain negative information that is more than five years old and guarantees access to this data by customers. The Federal Public Ministry, author of the action, claims that this rule aims to prevent the consumer from being eternally punished for old facts, which constitutes a perpetual penalty, prohibited by the Federal Constitution.
The case originated in the th Federal Court of Justice in Ceará, which condemned the bank in the first instance. Caixa appealed to the TRF-, where it also lost the case. Then, he decided to challenge the sentence again through a Motion for BTC Number Data Clarification. For TRF-, the decision does not harm Caixa's business risks because the institution can continue to evaluate the customer's profile, income and debt, as long as data from more than five years is not considered. When contacted by Agência Brasil , the bank did not say whether it had been notified nor whether it would appeal the decision.
The minister also explained that the change in the calculation basis by the MP actually occurred, but it is not a mere legal fiction. The MP regulates the fact that the allocation of the profit obtained by the associated or controlled company — whether for the payment of dividends, appropriation in reserve or capitalization of the company — is directly under the control of the investor or the business group to which the investor belongs. “Therefore, if there is economic or legal availability of income, the value is capable of forming the basis for calculating income tax”, added the rapporteur.
According to Minister Campbell, compensation for losses and losses is possible by the investing company, but only up to the limit of profits obtained abroad, according to the balance sheets of related or controlled companies, making it impossible to import losses. “If profits are considered available on the balance sheet date, this means that any losses have already been recorded in the controlled and associated companies' own balance sheets. If this were not the case, it would not be possible to verify the occurrence of profit,” he stated.
According to the rapporteur, Marcopolo intended to import the losses of controlled or affiliated companies as if they were its own, which is not permitted. The minister also ruled out the thesis of tacit repeal of the original provision of the law, because the rule fits perfectly into the current taxation system, which individualizes and establishes clear limits between the tax calculation bases of the various companies involved. “In short, what the taxpayer is requesting is the recognition of a deduction not provided for by law and the tacit repeal of a rule that expressly prohibits this deduction”, concluded the rapporteur. With information from the STJ Press Office.
The decision is valid for the entire country and is based on the Consumer Protection Code. The legislation, according to the court, establishes that consumer records cannot contain negative information that is more than five years old and guarantees access to this data by customers. The Federal Public Ministry, author of the action, claims that this rule aims to prevent the consumer from being eternally punished for old facts, which constitutes a perpetual penalty, prohibited by the Federal Constitution.
The case originated in the th Federal Court of Justice in Ceará, which condemned the bank in the first instance. Caixa appealed to the TRF-, where it also lost the case. Then, he decided to challenge the sentence again through a Motion for BTC Number Data Clarification. For TRF-, the decision does not harm Caixa's business risks because the institution can continue to evaluate the customer's profile, income and debt, as long as data from more than five years is not considered. When contacted by Agência Brasil , the bank did not say whether it had been notified nor whether it would appeal the decision.
The minister also explained that the change in the calculation basis by the MP actually occurred, but it is not a mere legal fiction. The MP regulates the fact that the allocation of the profit obtained by the associated or controlled company — whether for the payment of dividends, appropriation in reserve or capitalization of the company — is directly under the control of the investor or the business group to which the investor belongs. “Therefore, if there is economic or legal availability of income, the value is capable of forming the basis for calculating income tax”, added the rapporteur.
According to Minister Campbell, compensation for losses and losses is possible by the investing company, but only up to the limit of profits obtained abroad, according to the balance sheets of related or controlled companies, making it impossible to import losses. “If profits are considered available on the balance sheet date, this means that any losses have already been recorded in the controlled and associated companies' own balance sheets. If this were not the case, it would not be possible to verify the occurrence of profit,” he stated.
According to the rapporteur, Marcopolo intended to import the losses of controlled or affiliated companies as if they were its own, which is not permitted. The minister also ruled out the thesis of tacit repeal of the original provision of the law, because the rule fits perfectly into the current taxation system, which individualizes and establishes clear limits between the tax calculation bases of the various companies involved. “In short, what the taxpayer is requesting is the recognition of a deduction not provided for by law and the tacit repeal of a rule that expressly prohibits this deduction”, concluded the rapporteur. With information from the STJ Press Office.