The Senate approved today (23) a bill that suspends until December 31, 2021 eviction actions due to non-payment of rent for low value commercial and residential properties. The approval took place with a scoreboard of 38 votes in favor and 36 against. The project returns to the Chamber.
The project, according to the rapporteur, Jean Paul Prates (PT-RN), is limited to protecting low-income tenants. The properties included in the project are limited to those whose rent has a maximum value of R$600. The suspension of eviction will not apply when it is proven that the rent income is the only source of income for the owner. The project also requires the lessee to demonstrate the change in the economic and financial situation and the inability to pay to the detriment of family subsistence.
In the case of commercial real estate, the lessee must prove that there is no commercial activity and that, therefore, he is not making a profit. For this type of property, the maximum rental amount contemplated by the project is R$ 1.2 thousand.
For project critics, the text attacks property rights and interferes with the contractual relationship between owner and tenant. “If they want to present a BRL 600 aid project [para aqueles] who can’t pay rent, count on me. But interference in free enterprise, the right to property, I vote against”, said senator Izalci Lucas (PSDB-DF).
Proponents of the text understand that there is a humanitarian character in the PL’s content and that the project protects only the most vulnerable families, those families that lost, as a result of the pandemic, part of the little income they had.
“The project only seeks to prevent people from being evicted, thrown into the open,” said senator Paulo Paim (PT-RS). The senator also said that countries like the United States, Portugal, France and Italy adopt similar policies.
Critics of the project managed, however, to approve a change in the text, excluding rural properties from its scope. Because of this change, the text comes back for further analysis by the deputies. The Chamber is the home of the project.
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