Interview for Infomoney. Read the full article
In 2024, the Brazilian courts accumulated more than 50 thousand pending proceedings relating to child support. According to data from the Judiciary, the average time until the first ruling exceeds two years: reaching 834 days until a decision. Until that happens, it is possible to seek a provisional decision, which may take up to three months to be issued. In view of this scenario of slowness and overload, Bill 4,978/2023, nicknamed “Pix child support,” is advancing in the National Congress.
Presented by Congresswoman Tabata Amaral (PSB-SP) and other parliamentarians, the proposal intends to use the instant payment system to speed up and automate the monthly transfers relating to child support. Under the measure, the judge may authorize the amounts to be debited directly from the debtor’s account and transferred to the creditor party through Pix, without the need for intermediaries.
The objective is to confront default and ensure greater speed in the transfers, benefiting mainly children and adolescents who depend on these resources. “The ‘Pix child support’ reduces the work of the State and benefits the support recipients, makes life difficult for the habitual defaulter, and signals to society that it is no longer possible to have a child without taking responsibility for them,” stated Congresswoman Laura Carneiro (PSD), rapporteur of the proposal.
Already approved by the Committee on Social Security, Social Assistance, Childhood, Adolescence and Family of the Chamber of Deputies, the matter now proceeds to analysis in the Committee on Constitution and Justice and on Citizenship. But, in order to become law, the proposal must still pass through the plenary of the Chamber and through the Senate.
Currently, child support may be determined in favor of minor or incapable children, ex-spouses, ex-partners and even adult children. The legal provision for this collection is found in the Civil Code, in the Code of Civil Procedure and in Federal Law 5,478/68. In practice, however, the fulfillment of this obligation still runs into various obstacles.
When it comes to support owed by parents or guardians to children and adolescents, judicial ratification is mandatory — whether by agreement between the parties or by decision of the judge.
Individual entrepreneurs in the sights of child support
Another point of the bill that draws attention is the provision for deduction when the debtor is an individual entrepreneur. Alberto Feitosa, civil attorney at Lassori Advogados, observes that, under the current model, the attachment may fall upon the salary by means of an official letter to the employer, but that this does not reach liberal professionals, self-employed individuals or entrepreneurs.
“Such automatic deduction orders may not reach these persons, which gives rise to new claims for those who should receive a continued payment,” states Feitosa. With this, another point of innovation of the bill is that it will also fall to the financial institution to give its position on the compliance with orders to the court. “Allowing the attachment of an individual entrepreneur’s account, without the need to institute an incident of disregard of the legal entity (desconsideração de personalidade jurídica).”
← Back to blog