SÃO PAULO, SP (FOLHAPRESS) - The Senate approved this Tuesday (7) a bill that creates the so-called Pix pension, a mechanism that allows the monthly payment of alimony to be automated directly from the debtor's account to the beneficiary's.
See how Pix pension, approved by the Senate, will work
SÃO PAULO, SP (FOLHAPRESS) - The Senate approved this Tuesday (7) a bill that creates the so-called Pix pension, a mechanism that allows the monthly payment of alimony to be automated directly from the debtor's account...
Today, when those who pay the pension do not have a salary with payroll deduction - a common case among app drivers, self-employed people, informal workers and micro-entrepreneurs -, the beneficiary usually has to go back to court whenever there is a delay. According to the proposal, the judge will be able to determine an automatic transfer on the dates defined in the court decision.
The text still depends on the sanction of President Luiz Inácio Lula da Silva (PT).
See below what will change if the new rule comes into force.
WHAT IS PIX PENSÃO?
It is a mechanism that allows you to automate the payment of alimony directly from the debtor's bank account to the beneficiary's account.
In practice, the idea is to use the Pix infrastructure in the operation, although the expression is not explicit in the project.
WHAT CHANGES FROM THE CURRENT RULES?
Today there is already an automatic discount for those who have a formal salary or are public servants.
The problem occurs when the debtor does not have an employment relationship. In these cases, when there is default, it is usually necessary to ask the judge again to block the amounts.
According to Gustavo Kloh, law professor at FGV (Fundação Getulio Vargas), this procedure tends to take a long time.
"Currently, in the case of non-payment, it is necessary to seize food or enforce a sentence. This can take two months or more."
With the new rule, payment can occur automatically every month, without the need for a new court order for each installment.
WHO CAN USE PIX PENSÃO?
Any alimony recipient can ask the judge to automate payment at any stage of the sentence. According to Kloh, this applies both to new alimony and to existing agreements and decisions.
WILL PAYMENT BE AUTOMATIC FOR EVERYONE?
No. It will be necessary for the beneficiary to request the adoption of the measure and for the judge to authorize the automatic transfer, or for the request to be made at the registry office.
In the decision, the judge must inform the value of the pension, the periodicity, the debit and credit accounts and other information necessary for the operation.
CAN THOSE WHO WORK AS UBER, MEI OR SELF-EMPLOYED ALSO ENTER?
Yes. Today, anyone who has a formal job can have their pension deducted directly from their payroll. Informal workers, app drivers, PJ professionals (legal entities) and micro-entrepreneurs normally do not have this mechanism available.
WHAT IF THERE IS NO MONEY IN THE ACCOUNT?
The bank must inform you of insufficient balance.
According to the project, attempts may be made to locate the debtor's resources and the Central Bank may determine the unavailability of financial assets equivalent to the value of the debt.
For Kloh, if the money does not appear, the current collection mechanisms remain valid.
DOES PIX PENSÃO END PRISONS FOR FOOD DEBT?
No. Civil imprisonment of the debtor continues to be provided for in cases permitted by law.
Other existing measures, such as seizure of assets and freezing of assets, also remain possible.
IS THE PIX PENSION GOOD FOR OLD DEBT?
No. According to Kloh, automation can be used for future payments. Installments already due continue to be collected through the mechanisms currently provided for in the legislation.
WHO DOES THE MONEY GO TO?
The amount can be deposited directly into the account of the beneficiary or his legal representative.
In some cases, an account may also be used in the name of the child or adolescent, as defined in the agreement or court decision.
WHAT HAPPENS IF THE PAYER THINKS THE PENSION AMOUNT IS WRONG?
The project does not change the rules for pension review.
Anyone who understands that there has been a change in their financial situation can request a judicial review, but must prove that there has been a relevant change in circumstances. This rule has not changed.
WHEN DOES PIX PENSION BEGIN TO BE EFFECTIVE?
There is no date yet. The project was approved by Congress and now depends on President Lula's sanction.
After the sanction, the new rules will come into force according to the deadline that will be defined.
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Source: Noticias ao Minuto - Economia
This story was originally published by Noticias ao Minuto - Economia. Visit the original publication for further details.
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