Efeito do cadastro positivo para conter inadimplência não é consenso

A inadimplência é apontada como a principal causa para a elevação do spread bancário, como é chamada a diferença entre a taxa de captação de recursos dos bancos (a taxa Selic) e a taxa cobrada a pessoas e empresas que buscam empréstimos.

Conforme já publicado pela Agência Brasil, o Banco Central calcula que na composição das taxas de juros, o custo da inadimplência responde pela maior parte (38,27%), depois vêm as despesas administrativas (25,55%) dos bancos, os tributos (22,13%) e o lucro (14,04%).

Este ano, mudaram as regras do cheque especial, com oferta imediata de alternativas para parcelamento de débito, e do cartão de crédito, com a redução de limites para clientes sob risco de endividamento. As iniciativas, no entanto, não impactaram na inadimplência.

Em nota à Agência Brasil, a Federação Brasileira de Bancos (Febraban) defende “uma ampla reforma no ambiente de crédito para garantir uma redução estrutural do spread bruto” e a aprovação do Projeto de Lei Complementar 441/17, em tramitação na Câmara dos Deputados, que instituirá o cadastro positivo com a inclusão automática de nomes de consumidores com bom histórico de pagamentos.

O advogado Walter Moura, especializado em processos de inadimplência, não acredita que o Cadastro Positivo resulte em diminuição das demandas. “O cadastro positivo será um dos mecanismos por meio dos quais vão utilizar para oferecer mais crédito. Não ficou claro para o cidadão, qual vai ser a pontuação que vai receber por entrar no cadastro positivo”, disse.


Em vez do Cadastro Positivo, Moura defende a criação da Lei do Superendividamento e medidas contra o que chama de “concessão abusiva”, como existem nos Estados Unidos e na França.

Assim como o Cadastro Positivo, está em tramitação na Câmara dos Deputados o PL 3515/2015 , que modifica o Código de Defesa do Consumidor e até artigo do Estatuto do Idoso para disciplinar a oferta de crédito, prever e tratar o superendividamento”.

Juristas, entidades de crédito e consumo e o Banco Central defendem educação financeira para os brasileiros com o intuito de evitar a inadimplência. Os tribunais de Justiça do Distrito Federal e Território; do Paraná; de Pernambuco; do Rio Grande do Sul e de São Paulo mantêm serviços especiais para processos de inadimplência e superendividamento.

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