The Supreme Federal Court maintained, by unanimous decision, the competence of the National Institute of Social Security to set the interest limit on payroll-linked credit operations for retirees, pensioners, and holders of continued benefit payments. The judgment of the Direct Action of Unconstitutionality took place on August 28.
The Brazilian Banking Association, author of the action, argued that the measure would depend on a complementary law to be valid, in addition to claiming that the norm would violate the principles of legality, free enterprise, and free competition.
Minister Nunes Marques, rapporteur of the action, rejected the arguments of the ABBC. For him, the law did not grant INSS authorization to regulate the financial market in general, but rather specific competence to regulate a modality of credit that uses the benefit payroll administered by the agency as a means of payment.
The rapporteur also highlighted that the payroll loan should be analyzed under the perspective of its social purpose, evidencing the court's concern with the protection of INSS beneficiaries.
