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The Proposal Amends Consigned Credit Laws To Require Financial Institutions To Automatically Compensate The Elderly Whenever There Is Fraud Or Irregular Hiring
The Bill 3057/2025, presented by Deputy Murilo Galdino, aims to amend consigned credit legislation to ensure that elderly victims of fraudulent contracts have an automatic right to compensation for moral damages.
The proposal is under review by the Commission of Social Security, Social Assistance, Childhood, Adolescence, and Family, where it awaits the appointment of a rapporteur. The measure arises as a response to the vulnerability faced by retirees and pensioners in light of the increase in scams involving loans made without authorization.
Proposed Changes To Two Existing Laws
The text makes adjustments to two legal frameworks. The first change is inserted into Law 10.820 of 2003, which regulates the authorization for the deduction of installments directly from the payroll. The project creates a new paragraph stating that financial institutions must compensate the beneficiary whenever there is a fraudulent contract, without requiring proof of fault.
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The second modification is included in Law 14.509 of 2022, which governs the maximum percentage applied in credit operations with automatic deductions. The project adds a specific article reinforcing that, in the case of elderly beneficiaries, compensation for moral damages must also be guaranteed, regardless of proof of the institution’s fault.
STJ Decision Motivated The Presentation Of The Proposal
The project’s justification cites a recent decision by the Superior Court of Justice, where an elderly woman had her request for compensation for moral damages denied after suffering fraud in a consigned loan obtained through signature forgery.
The court concluded that the case would not constitute moral damage, classifying the episode as a mere inconvenience.
According to the author of the bill, this understanding reflects a gap that leaves the elderly unprotected, as frauds generate emotional distress, financial insecurity, and losses that go beyond mere administrative aspects. The legislator states that the legislative change is necessary to prevent victims from being left without redress.
The Aim Is To Facilitate Proof And Expand The Responsibility Of Institutions
The project seeks to eliminate the requirement to demonstrate legally the fault of the financial institution in the fraud. Consequently, the elderly would not need to undergo lengthy processes to obtain compensation, as the mere existence of the fraudulent contract would be sufficient to ensure the right to payment.
According to the justification, the new rule should also encourage greater rigor from institutions in validating documents and credit granting procedures, especially considering that the elderly are the primary targets of scams related to consigned loans.
The Proposal Promises To Strengthen Protection For The Elderly Public
The author’s expectation is that the change will have a direct impact on the prevention of fraud and the accountability of the financial sector.
By ensuring automatic compensation, the project aims to reduce the risk of impunity and reinforce legal protection for the most vulnerable consumers.
If approved, Bill 3057/2025 could represent a significant advance in the defense of the rights of the elderly and in creating stricter security standards in consigned credit operations. The proposal continues to await analysis and opinion in the Chamber of Deputies.
Este PL, deveria abordar também os empréstimos de cartão benefício e cartão de crédito, que não é consignado, não tem prazo pra findar, o juro é mais alto e não se consegue negociar. Caí nesta enrascada, e já se vão 8 anos de extorsão da banco PAN, peguei quase 5 mil, já paguei mais de 20 mil, e ainda tem um saldo devedor de 25 mil, ou 6.5 mil pra quitar. E a justiça não vê má fé, e nem uma irregularidade.
Eu também sofri um golpe ďo empréstimo consignado, em 2022 aplicado por um correspondente do Banco Pan.
Bom dia pra todos, eu fico só emaginado quantas lês são feitas pra beneficia os idosos, alguma dessas só fica no papel aqui em Salvador os vereadores voltou na camara dos vereadores dano ó direito a prioridade nós transporte coletivo a gratuidade só ficou no papel o nosso prefeito não deu a mínima importância más ele está esquecendo que as eleições está chegando no próximo ano ir os idosos com 60 anos vai dar uma resposta pra ele, não vai poder pô esperar vamos dá uma resposta nas urnas até viu 👏 vcs mim perdoi até