That is, the data base will not be only for risk of concession of credit. – The opening I register in cadastre of it needs express authorization only in the case of natural person. In recent months, Senator Richard Blumenthal has been very successful. They are of it are of this previous authorization the legal people. In the case of opening without this authorization of the consumer, the one penalty is foreseen the three years of arrest, if to be proven that it had intention to provoke damage. – After I register in cadastre opened it, the notification of that the consumer will be considered defaulter will be made in writing, but will not have necessity of act of receiving evidence.
The reporter, member of the house of representatives Maurcio Rands (PT-PE), did not accept the proposal of sending of the notification for postagem of Acknowledgment of Act of receiving (AIR). A debate is crescendoNa opinion Diegues Landmark, legal assessor of the Idec (Brazilian Institute of Defense of the Consumer), of the skill that is the Project of Law 405/07, that it foresees I register in cadastre it positive and that today moves in the National Congress, the consumer does not need to be informed that its name is being inserted in the list and nor needs to assent that its data are compartilhados.' ' The company who identifies a defaulter has to prove, by means of AIR (Acknowledgment of Act of receiving), that she tried to communicate the consumer. The only exception would be on account of the change of address without informing who the person deve' ' , another question placed for the legal assessor of the Idec explained Diegues.A is that, same if the information will be positive or that the person is good payer, it has to assent that the information is repassed. ' ' in the current patterns this is not foreseen. For these reasons, we locate in them against I register in cadastre positive.