O Projeto de Lei Parlamentar (PLP) 441/2017 que determina a inclusão automática – sem a necessidade de adesão – dos consumidores ao banco de dados com informações de adimplemento, conhecido como Cadastro Positivo, continua na pauta da Câmara dos Deputados, principalmente porque as mudanças propostas no texto-base dividem opiniões entre os parlamentares.
Dúvidas e questionamentos que também ocorrem por parte de entidades representativas da sociedade civil e consumidores.
No entanto, nem toda informação que tem sido propagada a seu respeito procede, e este fato contribui para gerar desinformação. Para ajudar a elucidar certas confusões sobre o tema, a Boa Vista SCPC esclarece algumas questões. Veja abaixo:
O consumidor estará automaticamente no Cadastro Positivo.
Verdade! O consumidor estará automaticamente incluso e entre os seus direitos destacam-se: acessar de forma gratuita as suas informações detalhadas, inclusive pontuação de crédito (score) e histórico de pagamentos existente no banco de dados, e abrir solicitação para correção de informações que foram informadas incorretamente pelas fontes de informação (credores), além de poder cancelar ou reabrir seu cadastro.
Todos podem acessar minhas informações do Cadastro Positivo.
Mentira! O seu score poderá ser observado apenas por empresas que estejam avaliando a concessão de crédito ou transações comerciais e empresariais que impliquem risco financeiro.
De acordo com Pablo Nemirovsky, superintendente de Serviços ao Consumidor da Boa Vista SCPC, o histórico detalhado do tomador de crédito não estará disponível.
O Cadastro Positivo quebra o sigilo bancário e elimina a responsabilidade solidária.
Mentira! O Cadastro Positivo não afeta o sigilo bancário e muito menos invade a privacidade dos dados do cadastrado. Para eliminar esta possibilidade, o texto-base do PLP recebeu um substitutivo.
Na hipótese de vazamento de informações sobre o cadastrado, os envolvidos poderão ser punidos com reclusão de um a quatro anos e multa, conforme prevê a Lei Complementar 105 (Lei do Sigilo Bancário). Além disso, o Cadastro Positivo respeita todas as salvaguardas para o consumidor previstas no Código de Defesa do Consumidor.
O Cadastro Positivo invade a privacidade dos dados dos consumidores.
Mentira! Não há invasão de privacidade porque não há quebra de sigilo bancário com o Cadastro Positivo. A nova lei permite que os bancos, empresas de água, luz, telefone, varejo e outras, enviem informações apenas do comportamento de pagamento das operações de crédito, dos serviços continuados (luz, água, telefonia fixa etc) e de telefonia móvel pós-paga.
Os bancos não enviarão informações como saldo em conta corrente ou extrato bancário, dados de poupança ou investimentos, nem detalhes de compras feitas com cartões de crédito. Essas continuam devidamente protegidas pela Lei do Sigilo Bancário.
Todas as informações financeiras e de investimentos farão parte do Cadastro Positivo.
Mentira! Tanto a lei atual quanto o texto-base do PLP permitem apenas o compartilhamento de informações de histórico de pagamento de transações que envolvam risco financeiro, ou seja, operações de crédito e consumo, como datas de vencimento e de pagamento das faturas/parcelas e os valores dos mesmos.
Informações que não estiverem vinculadas à análise de risco de crédito ao consumidor e informações sensíveis, como as consideradas de origem social e étnica, à saúde etc, não entram no Cadastro Positivo.
Renda e benefícios como aposentadoria farão parte do Cadastro Positivo.
Mentira! Nem informações de salário ou de aposentadoria, como dados de saldo em conta corrente, investimentos, pagamentos à vista e nem mesmo limite de crédito fazem parte do Cadastro Positivo. Esse tipo de informação não chega aos gestores de banco de dados, o que garante a privacidade dos consumidores.
O cadastro Positivo levará a uma situação discriminatória.
Mentira! Segundo estudos do Banco Mundial, feitos em diferentes países dos cinco continentes, um dos principais benefícios do Cadastro Positivo é a inclusão ao mercado do crédito.
No Brasil, de acordo com o superintendente da Boa Vista SCPC, com o Cadastro Positivo funcionando plenamente, espera-se a inclusão de mais de 20 milhões de pessoas ao mercado de crédito. E engana-se quem acredita que pessoas que estão com o nome sujo serão prejudicadas.
Como explica Nemirovsky, quem está inadimplente já enfrenta dificuldade para conseguir crédito na praça, ou quando consegue, obtém com juros muito mais altos. Logo, ao participar do Cadastro Positivo, pessoas com este perfil poderão mostrar que pagam diversas contas em dia e que têm capacidade de retomar o controle das suas finanças, e com este comportamento começar a construir um histórico de pagamento, retomando seu acesso ao crédito.
O Cadastro Positivo vai diminuir a assimetria das informações e aumentar competição entre os bancos.
Verdade! Com o Cadastro Positivo haverá um aumento significativo do número informações relacionadas ao comportamento de pagamento, o que contribuirá para a redução da assimetria de informações que existe hoje entre os credores, com isso haverá uma maior assertividade nas decisões de crédito e um maior número de empresas que podem concorrer com os grandes bancos para oferecer melhores condições ao consumidor ou às empresas.
Os concedentes de crédito terão acesso ao score de crédito que considera o histórico de pagamento de todos os consumidores e não apenas daqueles que hoje são seus clientes, o que irá contribuir para aumentar a competição entre os bancos, fintechs, varejistas e financeiras na busca por novos clientes, com taxas de juros mais atrativas para o consumidor.
As taxas de juros poderão diminuir com o Cadastro Positivo.
Verdade! A experiência mostra que nos países onde o Cadastro Positivo foi introduzido, os juros e a inadimplência recuaram e a facilidade na obtenção de crédito aumentou.
Os juros recuam porque o aumento da quantidade de informações sobre o consumidor reduz o risco nas operações de crédito, e os concedentes têm mais condições de distinguir bons e maus pagadores. Essa redução dos riscos ajuda a derrubar os spreads e, consequentemente, os juros.
Além disso, o Cadastro Positivo aumenta a concorrência entre os bancos, pelo fato de que mais agentes, como, por exemplo, os bancos menores e as fintechs, terão acesso as informações que hoje são exclusivas dos grandes bancos.
Fonte: Diário do Comércio.
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