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by Denise Pinheiro


Many consumers have been denied credit by financial institutions because of their low score. We have attended to recurring cases of customers who had requests for loans and/or credit concession denied by banks and who want to file a lawsuit, and we decided to talk a little about the matter.

First, it is necessary to clarify what this credit score is. The credit score is a score, ranging from zero to one thousand, that reflects the consumer's paying profile. It is a statistical method of risk assessment, which will guide the financial institution's decision to approve or deny the request for credit or loan. It is also known as a credit scoring system that evaluates the consumer as a person and as a professional. It is also called "credit scoring" or "behavior scoring", if this credit assessment takes into account a certain period of time, and may or may not be modified, tracing the consumer's economic behavior. , by mathematical method - probability. In other words, this method calculates the chances of the consumer to pay the loan in the future. It takes into account various criteria such as age, profession, purpose of the loan application, purchases, payments, etc.

Life in society implies economic interaction, for the purpose of survival and/or making dreams come true (such as buying and selling real estate, residential property rental, buying and selling cars, providing services, starting a business, traveling, borrowing to resolve an unpaid debt, among others). And, depending on the amount to be spent, the person does not always have money to pay in cash, thus needing to take out a loan in a credit operation in a financial institution.

Theoretically speaking, the function of a bank is to act as an intermediary between the saver and the investor and its profit would come from the difference in interest rates that it borrows from the saver and lends to the investor (bank spread). And for these operations to be increasingly safe for banks, they need to reduce the risk of default. In this sense, this method of assistance began to be adopted for the analysis of whether or not credit was granted, which would be the assessment of the credit score of those who need the money. This method of credit risk analysis is American, imported into our reality.

Based on Law 12.414/2011, which regulates the formation and consultation of databases with payment information, of natural persons or legal entities, for the formation of credit history, the STJ decided, linking the decisions of all judges of the States, Federal District and Federal Government, that the “credit scoring” system is legal, that is, financial institutions can use this system for the purpose of granting or denying credit (REsp 1,419,697-RS, Rel. Min. Paulo by Tarso Sanseverino, judged on 11/12/2014 and informative 551).

According to the Consumer Defense Code, Law 12.414/2011 and, within the scope of Rio de Janeiro, Law 2.868/97, the consumer who was denied credit has the right to know why it was denied and have the data kept in privacy. In addition to being entitled to care in a reserved and respectful manner (art. 187 of the Civil Code and art. 1, § 2 of State Law 2868/97 (RJ)). About the period in which the information may appear, in art. 43, § 1 of the Consumer Protection Code dictates 5 years in restrictive credit records and 15 years, according to art. 14 of Law 12.414/2011, for compliance information.

Proven undue denial of credit may result in a conviction for damages to the consumer. In fact, only in case of refusal of credit can the consumer take legal action, he cannot enter if he wants to know what were the reasons that led the institution to grant him the credit.

Responding, therefore, to the question posed in the title of this article, it depends: whether the denial of credit was undue, whether the information contained in credit-restricting banks has been around for longer than the law provides, whether there was no proper and specific explanation about this In the negative, if the data was not kept private, if the consumer was not treated in a reserved and respectful manner, then there is just cause for a legal action against the letter of the law. If only for low-score motivation, the STJ understands that the bank can use this system to deny or grant a loan/credit, therefore, there will be no just cause to file a lawsuit.


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