Reconstruindo o design da negativação: abordagem baseada em documentação para prevenir negativações indevidas de consumidores por instituições financeiras

Abstract

The objective of this monograph is to propose improvements in the design of registers for consumers in default, seeking greater protection for consumers against undue denials by financial institutions. At first, the inclusion of citizens in the National Financial System is addressed in a theoretical way, highlighting the conversion of deposits into loans for citizens and companies. The possibility of including non-paying debtors in Brazilian registers is discussed, respecting the principles established in article 43 of the Consumer Defense Code. However, an analysis of court cases heard by the 3rd Civil Court of Betim, where the researcher is a Titular Judge, shows a lack of criteria for inclusion. The analysis of the cases shows that there is a lack of supporting documents in undue denials, resulting in people and companies that fulfill their obligations being denied access to credit, in violation of current legislation. It is therefore suggested, de lege ferenda, that companies, especially financial institutions, be obliged to present documentary proof that demonstrates not only the existence of the legal relationship, but also the alleged default, accompanied by a detailed graphical account of the original amount of the debt and the increases used to calculate the amount due, integrating this requirement into the design of debtor registration systems. It is proposed that this extrajudicial procedure be implemented in order to democratize citizens' access to the structures of debtors' registers without the need to resort to the Judiciary. This is a suggestion aimed at guaranteeing due process of law and human dignity, allowing access to credit lines and essential services.