The Federal Government’s new program of payroll deduction loan, called Worker’s Credit (“Crédito do Trabalhador”), had its official launch on March 12, 2025, targeted at workers under formal employment agreements, that is, those governed by the Consolidation of Labor Laws (CLT), covering both domestic and rural workers, in addition to employees of Small Business Entrepreneurs (MEIs).

The program, under examination since 2024, is premised on facilitating and expanding access to payroll deduction loans for private sector workers.

Private sector professionals will be able to use the Digital Social-Security Card (CTPS Digital) to access more cost-effective credit facilities against funds in the Guarantee Fund for Length of Service (FGTS), provided by more than 80 financial institutions already working with the National Social Security Institute (INSS).

Before the program, although under the regulations of Law 10820, of 12/17/2003, which deals with the possibility of taking out loans against payroll deductions, there was a limitation on the access to such type of credit to the private sector, since it depended on the existence of previous agreements between employers and financial institutions, which not allowed them to offer more low-cost rates to consumers, often hindering successful credit taking.

In the current model, in which the payroll deduction loan should be operationalized through the CTPS Digital app, contracting is much easier, since the app concentrates and facilitates the registration of companies and consumers, besides furthering proposal structuring, resulting in the supply of cheaper rates thanks to the larger demand, in addition to the aid of the Federal Government by validating the information of consumers interested in taking credit, and even helping formalize operations.

If before the possibility of access to credit facilities for this population was limited to other often more expensive tools, with higher interest rates, such as credit cards or personal loans, with the new process, operationalized through large-scale negotiation, significantly better conditions for consumers should arise.

It is evident that another possible and expected effect of this new form of contracting is the decrease in the judicialization of credit recovery lawsuits, possibly reducing the domestic court system backlog, which would naturally guarantee greater quality and speed in the activities expected from the sector.

The Government’s joint effort with banks also ends up aligning, albeit possibly unintentionally, with the Code of Civil Procedure itself, insomuch as, in the initial chapter of the code setting forth the core rules of procedural law, the State is assigned with the duty to promote, whenever possible, the consensual solution of disputes (Article 3, Paragraph 2).

The proposal, in addition to optimizing the conduct of a range of consumers as potential borrowers of new loans, thus stimulating the economy and benefiting all involved, especially financial institutions, also ends up playing an important role in the resolution of disputes in the private scope, with positive predictions compared to the traditional way.

It is evident, therefore, that the proposal is an instrument of democratization of credit to the population and, needless to say, a necessary government policy of a social and economic nature that, working hand in hand with responsibility and certainty, might not only improve the Brazilians’ standard of living, but also serve as an instrument capable of kindling the interest of private investors, both bringing unmistakable benefits to the country.

 

Available in: https://www.migalhas.com.br/depeso/429286/desjudicializacao-democratizacao-do-credito-novo-programa-de-credito

Autor: Lucas Rodrigues Lucas • email: lucas.lucas@ernestoborges.com.br

DE-JUDICIALIZATION AND DEMOCRATIZATION OF CREDIT, POSITIVE IMPACTS OF NEW FEDERAL GOVERNMENT PRIVATE PAYROLL DEDUCTION LOAN PROGRAM

Responsável pela área

Banking and Financial Services

DE-JUDICIALIZATION AND DEMOCRATIZATION OF CREDIT, POSITIVE IMPACTS OF NEW FEDERAL GOVERNMENT PRIVATE PAYROLL DEDUCTION LOAN PROGRAM

Lawyers

Area of expertise

Related

Banking and Financial Services

back Icone Mais Direita