Pix Pension: Understand a project that proposes automatic debit for alimony

In 2024, the Brazilian courts accumulated more than 50,000 pending cases related to alimony. According to data from the judiciary, the average time for the first trial exceeds two years: reaching 834 days to a decision. Until this happens, it is possible to appeal to a provisional decision, which can take up to three months to be issued. Given this scenario of slowness and overload, the National Congress is advanced in the bill 4,978/2023, nicknamed “Pix Pension“.

Presented by Mrs Tabata Amaral (PSB-SP) and other parliamentarians, the proposal intends to use the instant payment system to streamline and automate monthly transfers regarding alimony. To the measure, the judge may authorize that the amounts are debited directly from the debtor’s account and passed on to the creditor part through the Pix, without the need for intermediaries.

The goal is to face default and ensure more speed to transfers, mainly benefiting children and adolescents who depend on these resources. “Pix pension reduces the state’s work and benefits the feeders, makes the life of the defaulting default and signals society that it is no longer possible to have a child without responsibility for him,” said Mrs Laura Carneiro (PSD), rapporteur of the proposal.

Already approved by the Social Security, Social Assistance, Childhood, Adolescence and Family Commission of the House of Representatives, the matter now follows for analysis in the Constitution and Justice and Citizenship Commission. But to become law, the proposal still needs to go through the House Plenary and the Senate.

Inefficiency and gaps make it difficult to collect

Currently, alimony can be determined in favor of minor or incapable children, former spouses, former partner and even older children. The legal provision for this collection is in the Civil Code, the Code of Civil Procedure and Federal Law 5,478/68. In practice, however, the fulfillment of this obligation still bumps into various obstacles.

When it comes to food due by parents or guardians to children and adolescents, judicial approval is mandatory – either by agreement between the parties or by the judge’s decision. And then the impasses begin.

“A common misconception in alimony agreements is the payment of certain cost, usually medical consultations and extracurricular activities, is conditioned to the prior approval of the payer. But it is enough that he ignores or disagrees so that the amount is no longer required,” explains lawyer Marina Denmarco, a specialist in family law and successions.

According to her, the process is often more efficient when the debtor has a formal work bond, which allows the direct discount. Already in cases where the feeder is autonomous or entrepreneur, the difficulties increase, since the income declared in income tax do not always match reality. “In these situations, the judiciary needs to be based on the outside signs of wealth,” says Marina.

Therefore, PL 4,978/2023 proposes to authorize that the judge directly leaves financial institutions, allowing them to make the monthly transfer of the due amounts by PIX. If there is no balance available, the Bank must communicate the Central Bank so that the debtor’s pledged assets become unavailable.

In the evaluation of Fábio Botelho Egas, a specialist in succession and family law and partner of Botelho Galvão Advogados, the “Pix Pension” seeks to increase and update the judicial proceedings. For him, the proposal updates the existing leaf discount, now with direct use of the banking system.

“The news would be to give a more current and in line with the available technological means, enabling the same payroll discounts, but now, directly next to the bank before which the debtor has a checking account,” points out Botelho Egas.

Individual entrepreneurs in the target of the alimony

Another point of the drawing project is the discount forecast when the debtor is an individual entrepreneur. Alberto Feitosa, Civil Lawyer of Lassori Advogados, notes that, in the current model, the attachment may fall on salary by letter to the employer, but that this does not reach liberal professionals, autonomous or entrepreneurs.

“Such automatic discount orders may not reach these people, which causes new demands to those who should receive a continued installment,” says Feitosa. Thus, another point of innovation of the project is that it will also be up to the financial institution to comment on compliance with orders to the court. “Allowing the attachment of an individual entrepreneur, without the need for incident of disregard of legal personality.”

Marina Denamarco explains that this is possible because there is no legal separation between the company’s assets and individuals. “The direct debt of the individual entrepreneur is viable, because in this case the company’s heritage and entrepreneur are common and have no distinction,” he says.

She clarifies that the proposal does not reach other modalities of company. “If there is a business company with other partners, this debt is not provided for by law, unless there is disregard of legal personality, in the event of configuration of fraud, abuse or confusion patrimonial.”

Overloaded Justice and Risks of the Proposal

Another argument favorable to the proposal is the potential to relieve the judiciary. “In fact, the initiative seeking to give effectiveness to the Food Institute advances on stretching debtors, large ‘clients’ of the justice system, by them,” notes Fábio Botelho Egas.

In the same line, Alberto Feitosa points out that the proposal has great potential for effectiveness. For him, the implementation of a faster collection tool, especially in advanced banking times, is an important step. However, it reinforces the importance of adjustments.

“For the project to become effective and fair, it is essential that objective criteria are defined for the application of the measure, as well as the need for supervision and revision of the automatic court orders,” says the lawyer Civil do Lassori Advogados.

Even despite the advances, experts warn of possible risks of improper blocks and the need to guarantee contradictory and legal certainty.

“Risk always exists and will need magistrates’ attention to order a single automatic charge and not multiple discounts, as recurrently occurs in the attachment of financial assets,” says Denmark.

She argues that the system is developed with clear rules of interoperability between the judiciary, the Central Bank and the financial institutions, as well as ensuring transparency and rapid contestation mechanisms.

Alimony Statistics

In addition to proposing PIX as a payment mechanism, the bill provides for the detailed publication of statistics on alimony processes in Brazil. By the text, the National Council of Justice (CNJ) and the courts must standardize procedural acts to enable data collection and sharing. The measure aims to subsidize public policies and improve the effectiveness of justice.

In her opinion, Deputy Laura Carneiro pointed out that, although the CNJ annually disclosed the report “Justice in Numbers” – the basis from where the Infomoney He sought data on the processes – he does not deepen information on the effectiveness of food actions. “We need indicators that show, for example, default fees or average transfer time after the court decision,” explained the rapporteur.