‎Brazil News

 

 

Facade of the Federal Supreme Court (STF) Credit: Reproduction/CNJ

The National Association of Public Defenders and Defenders (ANADEP) filed with the Federal Supreme Court (STF) an Allegation of Non-compliance with a Fundamental Precept, ADPF1.097, against a presidential decree that increased the minimum existential value — minimum income guaranteed for the payment of basic expenses in cases of over-indebtedness — from R$303 to R$600.

 

Decree 11,567/2023, published by the Federal Government on June 20, granted the adjustment to expand “support for citizens facing cases of over-indebtedness”. This slice of income cannot be charged on credit granted or blocked by a financial institution.

 

The association argues that, by regulating the constitutional concept of the “existential minimum”, the decree violates fundamental precepts and that regulating the concept demands a more careful analysis of the reality of each individual.

 

 

It also maintains that, by being based solely on monthly income, the value “does not ensure economic and existential plenitude, and that measure violates the principle of human dignity and is not capable of guaranteeing the minimum vital amount for citizens”.

 

“The value of R$ 600.00, as an existential minimum, would not be able to purchase basic food baskets and enable the payment of rent, or the cost of transport, education, health and leisure. Thus, the notion remains that the existential minimum must be linked, at least, to the cost of basic items for a dignified survival”, justifies the association in the argument.