(FOLHAPRESS) - The Senate approved this Tuesday (7) a bill that establishes the automatic payment of alimony directly to the account of the beneficiary or his legal representative. The text, called Pix pension, now goes to President Lula (PT) for sanction.
Senate approves proposal that creates 'PIX Pension', with automatic payments
(FOLHAPRESS) - The Senate approved this Tuesday (7) a bill that establishes the automatic payment of alimony directly to the account of the beneficiary or his legal representative. The text, called Pix pension, now goes...
Voting in the plenary was done symbolically, when there was no nominal count of parliamentarians' votes. The proposal was authored by deputy Tabata Amaral (PSB-SP) and was reported in the House by senator Ana Paula Lobato (PSB-MA), who presented a favorable opinion. Tabata uses the term Pix pension in the bill because it is an automatic transfer, which can reduce the need to go to court whenever the debtor is late, but the approved text does not determine that the debt must be made through this payment system.
The Pix pension bill establishes that the beneficiary of alimony may ask the Court, at any stage of the sentence, for payment to be made every month in this way.
Today, the amount can be automatically debited from the debtor's salary, but, if he does not have a formal employment relationship, the beneficiary must go to court whenever there is a delay.
The text approved by the senators says that it will be up to the judge, at the time of the decision, to order the financial institution, such as the bank, to carry out the automatic transfer on the dates defined by him.
The judge will also have to define what will be done if the child support debtor does not have a sufficient balance in their account, which must be reported by the banks to the BC (Central Bank).
In addition, financial institutions must report on the completion of transfers, detailing the amounts, the date of the operation and any interest accrual.
If the proposal is sanctioned by Lula, the Central Bank will still be able to automatically block the debtor's assets at the updated value of the outstanding alimony payment.
"The unavailability will be converted into a seizure, if the debtor's statement is rejected or not presented, and the execution judge must determine the financial institution that, within 24 hours, transfers the unavailable amount to the account", says an excerpt from the bill.
The text approved by the Senate also determines that the CNJ (National Council of Justice) must be responsible for Pix pension data, publishing statistics such as the number of actions involving this type of transfer, the average values and the profile of the two parties.
The text was approved by the Senate's CCJ (Committee on Constitution, Justice and Citizenship) on June 10, after receiving approval from deputies last year.
In justifying the project, Tabata Amaral stated that the measure is a cheaper and more effective way of charging the defendant and does not hinder the generation of income and, therefore, the ability to pay, as imprisonment in the case of non-compliance with payment does.
"Pix Pensão reduces the work of the State and benefits those receiving food, it makes life more difficult for the persistent defaulter and, as an additional benefit, it signals to society that it is no longer possible to have a child without having responsibility for it. This is a relevant innovation to benefit those receiving food," he stated.
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