The Legality of Including Prescribed Debts in Negotiation Platforms and its Impact on Credit Access in Brazil

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Márcia Nunes
Danilo Oliveira

Abstract

This article analyzes the legality of including prescribed debts on negotiation platforms like "Serasa Limpa Nome," investigating whether this practice constitutes an indirect form of collection or the eternization of the obligation, conflicting with civil law. The research, of a bibliographic and documentary nature, focuses on Brazilian legislation and jurisprudence. Results indicate high controversy and litigation, questioning the validity of considering prescribed debts for credit purposes, even without direct negative credit reporting. It is concluded that such a practice can distort the institute of prescription and financially harm sectors of society dependent on credit.

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