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Senate Approves Bill That Prohibits Banks From Denying Credit to Seniors Based on Age or Health Condition. Proposal Criminalizes Discrimination and Provides for Fines and Detention for Violating Institutions.
On June 25, 2025, the Human Rights Commission (CDH) of the Federal Senate approved a bill that promises to change the relationship between seniors and the financial system in Brazil.
The text makes discrimination against people over 60 years old a crime in credit, financing, or granting bank loans, a silent but recurring practice, according to consumer defense entities.
The proposal, presented by Senator Jaques Wagner (PT-BA), amends the Criminal Code and the Statute of the Elderly, including penalties for banks, financial institutions, and correspondents that refuse credit solely based on the age or health conditions of the applicant.
What the Bill Says
The bill PL 3.332/2023 — establishes that it will be a crime to deny credit or impose excessive restrictions solely on the basis of age, disability, or clinical condition of the elderly.
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The penalty provided is six months to one year of detention, in addition to fines and administrative sanctions imposed by the National Consumer Protection and Defense Agency (Senacon).
The proposal also prohibits financial institutions from charging higher interest rates, requiring additional guarantees, or imposing more severe conditions on seniors when there is no proven technical or financial justification.
“The aging population requires the State and the market to adapt. The elderly should not be treated as a risk, but as citizens with full rights,” declared Senator Jaques Wagner when presenting the text.
Financial Discrimination Against Seniors
According to the Brazilian Institute of Consumer Defense (Idec), thousands of seniors are rejected by banks every year in requests for financing, debt renegotiation, or opening of payroll loans.
The justifications range from old age to health conditions deemed “risky”.
A survey by the Public Defender’s Office of the Union (DPU) showed that between 2022 and 2024, the number of reports of financial discrimination against seniors increased by 47%.
A large part of the cases occurs in payroll loans and cards linked to Social Security (INSS), where banks impose limits or automatic refusals without formal explanation.
The Impact of the New Rule
If definitively approved, PL 3.332/2023 is expected to profoundly change the credit market for elderly individuals. The proposal does not obligate banks to grant loans without analysis, but prohibits the decision from being based solely on age criteria.
Consumer rights specialists say the measure will bring more transparency to financial relations and reduce the veiled discrimination that still persists in part of the banking system.
According to lawyer Henrique Cunha, consultant for the Brazilian Bar Association (OAB), “the elderly today are doubly vulnerable: as customers and as being marginalized from credit. This project levels the playing field and imposes responsibility on institutions that still treat aging as financial risk.”
Status of the Bill
After approval in the CDH, the bill proceeds to the Economic Affairs Committee (CAE) and then to the Senate Plenary. If approved, it will follow for analysis by the Chamber of Deputies before going to presidential sanction.
Senators in favor of the proposal argue that the measure complements the Statute of the Elderly, created in 2003, which already provides protection against discrimination, but does not directly address the financial system.
“Denying credit based on age is denying dignity,” stated Senator Paulo Paim (PT-RS) during the vote. “We are correcting a historical distortion that treats the elderly as incapable of managing their economic lives.”
Reaction from the Banking Sector
The Brazilian Federation of Banks (Febraban) stated in a note that it is following the topic closely and recognizes the importance of financial inclusion for the elderly, but warned of the need to “ensure regulatory balance” in risk assessments.
Nevertheless, market analysts believe that the proposal does not undermine credit granting, but rather prevents automatic discrimination. In practice, institutions will still be able to deny requests, as long as based on technical criteria and properly justified.
What Changes in Practice
If the text becomes law, banks and financial institutions will be required to:
- Issue a formal and documented justification in cases of credit denial to seniors;
- Avoid generic exclusion practices, such as automatic system blocks based on age;
- Offer the same conditions for analysis and renegotiation granted to other groups;
- And may be fined and criminally prosecuted in cases of proven discrimination.
A Historic Step in Elderly Rights
With the progress of the bill, Brazil takes an important step to combat financial ageism — discrimination based on age.
The measure aligns the country with initiatives already adopted in the European Union and Canada, where financial institutions are required to treat credit as a citizen’s right, not as a privilege.
For public policy experts, the proposal represents a milestone. “The aging population is irreversible. Ensuring access to credit, housing, and consumption is ensuring citizenship,” summarized public defender Márcia Lins, during a hearing on the subject.
Minha mãe tem 83 anos anda viaja se cuida sozinha e sempre pagou suas dívidas…. depôs dos 80 os bancos Bradesco.. e Itaú negam que ela fizesse um refinanciamento dos empréstimos consiguinado que foi feito em 96x… e que já tinha pago 75% de tudo… o gerente falou por ela ser de idade não poderia…. aí eu perguntei pagar ela pode…. isso deixou minha mãe com muita raiva de viver a vida toda honestamente e depois ser discriminada pelos banco…. ótima iniciativa do deputado….
No caso, tb fiquei “barrado” por não suportar o valor da prestação, inclusive se existe um seguro vinculado, o banco não terá prejuízo no caso de minha morte.
No mínimo, já q a idade máxima de 80,5 anos data de 2010, esta mereceria uma atualização, algo em torno de 87 anos.
Eu pediria ao autor do projeto que inclua uma cláusula clara, no que se refere a idosos, que solicitam financiamentos para compra de imóveis ( Ex. : Minha casa minha vida), que são limitados pelo fator idade), alegando que, eventualmente, o solicitante possa não vir a cumprir o compromisso com a instituição, até o final do contrato.
Eu fui financiar um imóvel minha casa minha vida e foi negada porque tenho 74 anos segundo o corretor pela idade só posso fazer um financiamento até 10 anos.
Preciso comprar um carro financiado,as conssecionaras não aceitam financiamento pra mim, pq tenho 73 anos