The possibility of installment payment for debts and free protest

by Isabela Gurgel

The National Justice Council, in its provision 86/19, provides the possibility of delayed payment for fees, legal accretions and other expenses, that is, the rule determines that legal and natural persons can take debt instruments to a notary public and protest the defaulting debtor for free.

For that, the possibility to delay fees and other expenses doesn´t depend on the instruments due date when they are originated from an entity that is bound to the national financial system, ergo, instruments that are claimants of res judicata judicial decisions originated in the State, Federal or Labor Justice and to the Federal Union, States, Federal District, Municipalities and their respective  Agencies.

However, one must give a special attention to the other types of legal and natural persons because they will only have the right to delay fees as long as the referred instrument due date has not exceeded one year since its presentation date in the notary public for protest.

In this context, such provision considers the debtor´s protection since the protest notary is authorized to grant installment payment of fees and other legal accretions to the interested party via debit or credit card. The only requirement is that the first installment must also charge all legal accretions.

So, it´s for the debtor, at the moment of paying their debts, the responsibility for the protest expenses, including taxes and fees owed to the public institutions. It´s important to highlight that such action will only be demanded when the provision 86/19 of the National Justice Council comes into effect, which shall happen within 90 days as of August 29th, 2019.

Such provision aims to protect the supremacy principles of the public interest, the efficiency, the public service continuity, and mainly the juridical security, since it provides a more appropriate service providing with egalitarian accessibility to the users.

It´s important to emphasize that such rule has the support of the Federal Supreme Court as the deadline to pay the taxes may be established either by law or sub-legal acts, not having their payment submitted to the principle of prospectivity.

Finally, it´s important to highlight that such action aims to provide a bigger support not only to the creditor but also to the debtor, since both will have their rights assured, one with the possibility of free protest and the other with the possibility of installment payment.

Isabela Gurgel, lawyer at  Almeida Prado & Hoffmann Advogados Associados office.