SettleADebt C_BR PASS-10 — Brazil
Ordinary consumer debt-collection communications and conduct
Distinct component: P01 D03 only—ordinary consumer debt-collection communications, conduct, mistaken charges/payments, generic challenge routes and evidence preservation.
Research baseline: October 22, 2026, America/Los_Angeles.
Fresh source-access dates: October 26, 2026 PDT / October 27, 2026 UTC.
Source-specific access clocks: Not logged and unknown. No access-session window is inferred.
Status: Narrow federal gateway report with all provider, contract, sector, territorial, currentness, remedies and country-level holds preserved.
PASS-04, PASS-05, PASS-07, PASS-08 and PASS-09 remain saved but await first review. PASS-06 review remains in progress. None of their conclusions is adopted as an accepted premise here.
No actual consumer, creditor, collector, provider, company, account, debt, property, credit report, licence, case, docket or private record was searched. No contact, demand, complaint, filing, payment or account action was made.
Executive determination
- The federal CDC permits collection, but not humiliation or coercion. In collecting a consumer debt, the defaulting consumer may not be exposed to ridicule or subjected to any type of embarrassment, coercion or threat. That is a conduct restriction; it is not a blanket prohibition on all accurate, proportionate collection communications. C_BR-P10-C008–C009.
Primary source: CDC art. 42, https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto
- False legal threats and interference with daily life have a separate criminal gateway. CDC art. 71 criminalizes using threats, coercion, physical or moral embarrassment, false, incorrect or misleading statements, or another unjustified procedure that exposes the consumer to ridicule or interferes with work, rest or leisure. The statutory penalty is detention from three months to one year and a fine. A civil violation is not automatically a criminal conviction; criminal elements, culpability, proof and process remain separate. C017–C026. Planalto+2
- Employer or relative contact is not subject to one express federal all-contact ban in the bodies read. But disclosing the debt to an employer, co-worker or relative to shame, pressure or expose the consumer, or using calls to interfere with work, rest or leisure, can fall within arts. 42 and 71. A neutral attempt to locate the consumer without revealing the debt is not automatically equivalent to public shaming; purpose, content, audience, repetition and effect matter. This is a text-grounded application, not a categorical statutory contact rule. C016–C019. Planalto+1
- No universal federal call-hour or call-frequency number was established. The reviewed federal bodies do not prescribe a single nationwide “X calls per day,” “no calls after 8 p.m.” or similar numeric rule for every ordinary private collector. Repetition can still become coercive or unjustifiably interfere with work, rest or leisure. Any state, DF, municipal, sector, contract or operator-specific restrictions remain unverified. C019.
- Collection documents need identifying information. Every debt-collection document presented to the consumer must state the name, address and CPF or CNPJ of the supplier of the corresponding product or service. The text identifies the underlying supplier—not necessarily every outsourced call-center agent—and does not itself prove that the document sender owns the claim or has authority to settle it. C031–C034.
Primary sources: CDC art. 42-A and Lei 12.039/2009, https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm and https://www.planalto.gov.br/ccivil_03/_ato2007-2010/2009/lei/l12039.htm. Planalto+1
- Double repayment under CDC art. 42 requires an actual excess payment. The statutory amount is twice what the consumer paid in excess, with monetary correction and legal interest, except in a justifiable-error case. An incorrect demand that is never paid does not create an art. 42 double-repayment base. Other possible remedies or the separate Civil Code judicial-demand rule are outside this narrow branch. C035–C039, C046–C050. Planalto+1
- Subjective bad faith is not the published post-modulation test for ordinary private contractual overpayments. The STJ Corte Especial’s published rule, reproduced in the February 2022 judgment read here, treats double repayment as applicable where the undue charge is contrary to objective good faith, independently of the actor’s subjective intent. For non-public contractual charges, that understanding was modulated to charges after publication of the underlying precedent on March 30, 2021. C040–C043. STJ+2
- Tema Repetitivo 929 has a current publication hold. The official STJ page states that the merits were judged on September 15, 2026, but the exact thesis remained “awaiting publication of the judgment”; the page showed no publication or finality and was last updated September 21, 2026. This report therefore does not fabricate the new repetitive thesis or represent it as published. C044–C045. STJ+2
- A written challenge is useful evidence, not an automatic legal pause. The federal authorities read do not establish a US-style 30-day validation clock, mandatory collection suspension upon dispute, automatic deletion, or extinguishment of the debt. A consumer can request the creditor’s identity, claimed amount, basis and supporting documents; whether collection must stop depends on another applicable law, order, contract or specific factual ground not established here. C052–C054.
- Federal, state, DF and municipal consumer authorities have administrative roles, but local implementation is not cleared. Decreto 2.181/1997 treats humiliating, coercive or threatening collection as an administrative infraction and allows consumer-protection bodies within their respective competence to enforce consumer norms. No state, DF or municipality was substantively researched in this pass. C027–C030, C060. Planalto+2
- No current BCB collection-conduct rule is adopted here. The official page for Resolução CMN 4.949 was identified, but its current substantive text was not readable through the permitted ordinary page, and no usable official consolidated alternate was obtained. The CDC applies to remunerated banking, financial and credit services, but that does not establish the current additional BCB obligations or export institution-specific rules to every private negotiator. C061–C063. Banco Central do Brasil+1
G1. Ordinary consumer debt-collection conduct
G1.1 Consumer and supplier nexus
The CDC’s ordinary collection protections require a consumer-law nexus.
- A consumer is a natural or legal person acquiring or using a product or service as final recipient. CDC art. 29 also extends the commercial-practices chapters to persons exposed to the practices covered there.
- A supplier includes public or private, domestic or foreign natural or legal persons supplying products or services.
- A remunerated service includes banking, financial, credit and insurance services.
A natural person’s household credit obligation ordinarily presents the intended consumer setting. A company, proprietor, guarantor or business-purpose debtor is not automatically inside or outside the CDC merely because of legal form; the underlying transaction, final-recipient position and applicable consumer doctrine still need examination. C002–C005.
Primary source: https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm, arts. 2, 3 and 29. Planalto+1
G1.2 Actor matrix
| Actor |
Narrow federal position |
Remaining factual or legal gate |
| Original creditor/supplier |
Subject to applicable CDC collection restrictions where the consumer nexus exists. Clear information and protection against coercive or unfair methods are basic consumer rights. C006–C010. |
Actual contract, debt, consumer status, amount and communication. |
| Employee or internal collection department |
Conduct can be attributed to the supplier. |
Identity, scope of employment and exact communication. |
| Independent collector or servicing contractor |
The supplier is solidarily responsible for acts of its employees and autonomous representatives under CDC art. 34. The collector’s own liability depends on its actual conduct and role. C011–C015. |
Creditor appointment, representative relationship, benefit and conduct. |
| Debt purchaser |
If it owns the claim and operates in the consumer market, it may occupy the creditor/supplier side; purchase does not validate the amount or collection manner. |
Chain of title, notice, balance and applicable consumer status. |
| Debtor-side negotiator |
Not ordinarily the collecting creditor merely because it communicates with one. Its authority, legal-practice boundary and data handling remain separate. |
Actual mandate, scripts and professional role. |
| Regulated financial institution |
CDC service definition expressly includes banking, financial and credit services. Additional current BCB obligations may exist but are not established here. |
Readable current BCB body and exact institution/product. |
| Public debt authority |
Tax and other public claims follow distinct public-law collection regimes. |
Specific public creditor, statute and procedure. |
| Lawyer or court officer |
Actual legal representation and judicial enforcement are separate professional/procedural capacities. |
OAB status, mandate, case and court orders. |
CDC art. 34 makes the supplier solidarily responsible for acts of its employees and autonomous representatives. CDC art. 7’s sole paragraph supplies solidarity where more than one person authored the consumer offense, subject to the actual predicates. C011–C015.
Primary source: https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm, arts. 7 sole paragraph and 34. Planalto+1
G1.3 Civil conduct rule
CDC art. 42 expressly prohibits, during debt collection:
- exposing the defaulting consumer to ridicule;
- subjecting the consumer to any type of constrangimento; and
- threats.
CDC art. 6 separately protects the consumer’s right to adequate, clear information and against coercive or unfair commercial methods. CDC art. 39 prohibits exploiting weakness or ignorance based on age, health, knowledge or social condition and demanding a manifestly excessive advantage. C006–C010.
Primary source: https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm, arts. 6(III)–(IV), 39(IV)–(V) and 42. Planalto+2
Examples of conduct requiring fact-specific review
| Communication |
Narrow classification |
| Accurate private reminder identifying the creditor, account and amount |
Not prohibited merely because it requests payment, assuming no coercion, deception or other applicable defect. |
| Threat of arrest for an ordinary civil debt |
Potentially false or misleading and coercive; criminal and civil predicates remain fact-specific. |
| Claim that a lawsuit, seizure or court order already exists when it does not |
Potential false, incorrect or misleading statement under art. 71. |
| Disclosure to employer that the person is “a delinquent debtor” |
May expose the consumer to ridicule, embarrassment or workplace interference. |
| Calling a relative only to request a private callback, without revealing the debt |
Not automatically prohibited by the exact federal text read; context and repetition matter. |
| Repeated calls that disrupt work, sleep or leisure |
Can engage art. 71 even though no universal call-count threshold was identified. |
| Exploiting an elderly or ill consumer’s lack of understanding to obtain an excessive commitment |
Can implicate arts. 39(IV)–(V), independently of whether the underlying debt is valid. |
The workplace and third-party applications above are inferences from the statutory conduct language, not separate numeric federal rules. C016–C019.
G1.4 No universal call-hour or frequency rule established
No provision in the federal bodies actually read sets one universally applicable number of calls per day, one permitted calling window, or a single waiting interval between contacts for all private consumer debts.
That bounded result does not mean frequency or time is irrelevant. The cumulative course of conduct can still:
- constitute coercion or embarrassment;
- interfere with work, rest or leisure;
- exploit vulnerability;
- or violate a state, DF, municipal, sector, contractual or judicial restriction.
The exact local and sector rules remain deferred. C019.
G1.5 Criminal collection-conduct gateway
CDC art. 61 identifies the following statutory provisions as consumer crimes without prejudice to the Penal Code and special laws. Article 71 prohibits using in debt collection:
- threats;
- coercion;
- physical or moral embarrassment;
- false, incorrect or misleading assertions; or
- another procedure that unjustifiably exposes the consumer to ridicule or interferes with work, rest or leisure.
The stated penalty is detention from three months to one year and a fine. Article 75 reaches persons who participate according to their culpability and specified directors, administrators or managers who promote, permit or approve prohibited services. C017–C025.
Primary source: https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm, arts. 61, 71 and 75. Planalto+2
Important separation: a communication may be abusive for civil or administrative purposes without every criminal element being proved. Conversely, this research does not classify an actual statement as a crime, identify a suspect or determine criminal intent, culpability or procedure. C026.
G1.6 Administrative enforcement gateway
Decreto 2.181/1997:
- organizes the national consumer-defense system;
- assigns enforcement within the respective spheres of federal, state, DF and municipal consumer bodies;
- treats subjecting a defaulting consumer to ridicule, embarrassment or threat as an administrative infraction;
- states that violation of CDC norms is an administrative infraction; and
- reaches a person who caused, participated in or benefited from the infraction.
Administrative sanctions may be applied without prejudice to civil, criminal or sector-specific consequences. C027–C030.
Primary source: https://www.planalto.gov.br/ccivil_03/decreto/d2181.htm, arts. 2, 9, 13(IX), 18 and §§1–2. Planalto+3
A consumer’s complaint or online submission is not itself a final finding of an infraction, an automatic sanction or proof of damages.
G1.7 Collection-document identity
CDC art. 42-A applies to all debt-collection documents presented to the consumer. They must contain:
- name;
- address; and
- CPF or CNPJ
of the supplier of the corresponding product or service. C031–C033.
Primary source: https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm, art. 42-A. The provision was inserted by Lei 12.039/2009, effective upon publication. https://www.planalto.gov.br/ccivil_03/_ato2007-2010/2009/lei/l12039.htm. Planalto+1
This provision does not by itself require the document to contain:
- a complete chain of assignment;
- a settlement authority letter;
- every calculation document;
- a licence number;
- a dispute deadline;
- or every identity detail of an outsourced collector.
Those documents may be necessary for another legal or evidentiary reason, but art. 42-A alone establishes the identified supplier fields. An oral call is not itself a “document,” though the underlying communication remains subject to arts. 42 and 71. C033–C034.
G2. Incorrect collection, payment and remedy gateway
G2.1 Exact CDC art. 42 sole-paragraph predicates
For the statutory double-repayment branch, the narrow sequence is:
- There is an applicable consumer relationship.
- The consumer is charged an undue amount.
- The consumer actually pays an amount exceeding what was validly due.
- The statutory base is the amount paid in excess.
- The repetition is equal to twice that excess.
- Monetary correction and legal interest are added.
- The double rule does not apply where a legally qualifying engano justificável is established.
C032, C035–C039.
Primary source: https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm, art. 42 sole paragraph. Planalto
What the text does not establish
It does not establish:
- double repayment merely because a demand letter contained an error;
- doubling of the entire debt where only part of the payment was excessive;
- doubling of an unpaid demanded amount;
- the correct contractual principal, interest or fee without reviewing the underlying instrument;
- one universal legal-interest rate or starting date for every dispute;
- an automatic moral-damages award;
- or a refund from an entity that never received or benefited from the payment.
G2.2 “Undue amount” must be determined first
Before calculating any excess, the valid amount must be established. That can require:
- the contract;
- account ledger;
- payment history;
- settlement or release;
- interest and fee clauses;
- special product law;
- creditor ownership;
- allocation of partial payments;
- and any judgment or order.
This pass does not determine any of those merits and does not import PASS-04, PASS-05 or PASS-09. C048.
A disputed statement is not automatically wrong, and a creditor’s assertion is not automatically correct.
G2.3 Actual payment requirement
The official 2020 STJ explanation distinguishes CDC art. 42 from the separate Civil Code art. 940 judicial-demand branch. It states that art. 42 does not punish a merely incorrect demand without payment; the consumer must have paid the undue amount for that particular statutory repetition mechanism. C046–C047. STJ
Therefore:
- Incorrect demand, no payment: art. 42 double-repayment base is zero.
- Payment up to the valid amount only: no excess paid under this formula.
- Payment above the valid amount: only the actual excess enters the statutory doubling calculation.
- Separate damages or judicial-demand remedy: requires its own legal predicates and remains deferred.
G2.4 Objective good faith and engano justificável
The Corte Especial rule, as reproduced in the official February 2022 full judgment, states that art. 42 double repayment is available when the undue charge reflects conduct contrary to objective good faith, independently of the subjective element of intent. The inquiry is not simply whether the supplier wanted to overcharge; it asks whether the error was objectively justifiable and consistent with duties of loyalty and trust. C039–C041. STJ+2
For non-public contractual charges, the rule was temporally modulated to charges after publication of the underlying Corte Especial judgment on March 30, 2021. Public-service overcharges were treated differently in the published decision. C042–C043. STJ+1
Tema 929 current-status hold
The official Tema 929 page reports:
- status: Mérito Julgado;
- merits judgment date: September 15, 2026;
- thesis: awaiting publication of the judgment;
- no publication date;
- no finality date; and
- last update: September 21, 2026.
The exact 2026 repetitive thesis cannot be quoted or operationalized before the judgment is officially published and read. The published 2021 Corte Especial rule remains the source actually usable here, subject to the future Tema 929 text. C044–C045. STJ+2
G2.5 Two conditional numerical examples
All values below are invented private inputs. They are not actual debts, awards, prices, interest rates or recommendations.
Example A — full excess payment
Assumptions
- Valid amount actually due: R$1,000.00.
- Amount demanded: R$1,500.00.
- Amount actually paid: R$1,500.00.
- The consumer relationship applies.
- The overpayment is proved.
- No engano justificável is established.
- The charge falls within the temporally applicable double-repayment rule.
Step 1 — excess actually paid
R$1,500.00 paid − R$1,000.00 valid amount = R$500.00 excess paid
Step 2 — statutory double
R$500.00 excess × 2 = R$1,000.00 repetition amount
Result before additions
- Conditional art. 42 repetition: R$1,000.00.
- This includes twice the R$500.00 excess; it is not R$1,500.00 and not R$3,000.00.
- Monetary correction and legal interest would be added if the legal predicates are established, but no rate, start date or amount is calculated.
Alternative: if a qualifying justifiable error is established, this double formula does not apply. Any simple restitution or other remedy requires its own legal basis and proof.
Example B — demand error larger than actual overpayment
Assumptions
- Valid amount: R$800.00.
- Amount demanded: R$1,100.00.
- Amount actually paid: R$900.00.
- Other predicates above are satisfied.
Demand error
R$1,100.00 demanded − R$800.00 valid = R$300.00 demand excess
Actual paid excess
R$900.00 paid − R$800.00 valid = R$100.00 excess paid
Statutory double
R$100.00 × 2 = R$200.00
The art. 42 calculation uses the R$100.00 actually paid in excess, not the R$300.00 merely demanded in excess. Monetary correction and legal interest remain uncalculated.
No-payment alternative
If the consumer paid R$0.00:
R$0.00 paid excess × 2 = R$0.00 under the art. 42 repetition formula
That does not decide other civil, administrative or criminal consequences of a coercive, false or judicial demand.
The calculations implement the statutory phrase “double what was paid in excess.” C035–C039, C046–C049. Planalto+1
G2.6 Creditor and third-party collector
Where an outsourced collector acts as an employee or autonomous representative, CDC art. 34 can attribute the collector’s acts to the supplier. Where multiple actors authored the consumer offense, CDC art. 7’s sole paragraph may support solidarity for consumer damages. The actual collector can also face direct responsibility for its own conduct depending on its legal role. C011–C015, C051. Planalto+1
This does not establish that every external technology vendor or telephone service is a creditor, collector or solidary debtor. The actor’s instructions, control, benefit and conduct must be proved.
G3. Generic dispute routes and evidence preservation
G3.1 Written challenge
A written challenge can ask for:
- identity of the underlying supplier;
- identity and claimed authority of the current creditor or collector;
- account or contract identifier;
- principal, interest, fees and costs separately;
- payment history and allocation;
- assignment or servicing basis where relevant;
- date and basis of default;
- correction of mistaken identity; and
- confirmation of the requested future communication channel.
The general source-backed foundations are the consumer’s right to adequate, clear information and the art. 42-A identifying fields for collection documents. C006, C031–C034, C054. Planalto+1
A written challenge does not, from the federal sources read here:
- extinguish the debt;
- establish that the debt is disputed in good faith;
- create a universal 30-day creditor response;
- automatically suspend all collection;
- remove a credit entry;
- revoke a court order;
- or prove a privacy deletion right.
C052–C054.
G3.2 No imported FDCPA mechanism
No US-style federal validation notice or 30-day dispute-and-pause mechanism was found in the Brazilian federal bodies actually read for this narrow pass. That is a bounded result, not a statement that no special product, regulator, state, DF, municipal, contract or judicial rule could impose a response or suspension requirement. C052–C054.
G3.3 Evidence preservation
The CPC allows legally and morally legitimate proof. A notarial act may document the existence and manner of a fact, including image or sound in electronic files. A party bringing or defending a claim ordinarily supplies the documents intended to prove its allegations. C055–C057.
Primary source: https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/lei/l13105.htm, arts. 369, 384 and 434. Planalto+2
Potential evidence to preserve includes:
- original letters and envelopes;
- emails with full headers;
- screenshots showing date, time, number and complete context;
- voicemail files;
- call logs;
- message-export files;
- protocol numbers;
- contracts, invoices and statements;
- payment and clearing records;
- identity-mismatch evidence;
- the names and roles of third parties contacted;
- workplace effects;
- and prior written requests to stop a particular channel.
This is an evidence checklist, not authorization to record communications unlawfully or access another person’s account.
G3.4 Consumidor.gov.br
Consumidor.gov.br is a free public service for direct online dialogue with participating companies. Participation by companies is voluntary. Participating companies undertake to respond within ten days. The platform is not an administrative proceeding and does not replace Procon or other consumer-defense channels. C058–C059.
Official guidance: https://www.consumidor.gov.br/pages/conteudo/publico/1. Consumidor+3
No company was searched and no complaint was submitted.
G3.5 SNDC bodies
Federal, state, DF and municipal consumer-protection bodies operate within their competence under the national consumer-defense system. Their exact intake, evidentiary, mediation and sanction procedures require local or agency-specific review. C060. Planalto+1
G3.6 Separate routes preserved
| Route |
Why it remains separate |
| Ordinary creditor communication |
Governed by this narrow CDC conduct gateway where consumer predicates apply. |
| Judicial enforcement |
Requires actual court process, service, title, pleadings and orders; full CPC procedure excluded. |
| Public debt collection |
Tax, support and governmental claims use distinct public-law powers and procedures. |
| Professional representation |
Legal advice, litigation and attorney authority remain OAB/procedural questions. |
| Negative or positive credit reporting |
PASS-06/PASS-07 remain unreviewed and are not adopted. |
| LGPD access, deletion or objection |
PASS-08 remains unreviewed and is not adopted. |
| Prescription |
PASS-05 remains unreviewed and is not adopted. |
| Settlement and payment allocation |
PASS-09 remains unreviewed and is not adopted. |
| Criminal complaint or investigation |
Article 71 identifies an offense, but no criminal allegation, complaint, contact or evidentiary assessment is made here. |
C063–C065.
G4. Ten fictional workflows
All people, debts, companies, calls, documents and amounts are fictional.
H01 — Ordinary private consumer demand
Facts: A retail creditor privately emails a natural-person consumer. The message identifies the creditor, contract, amount and a callback channel. It requests payment without threat, disclosure or false statement.
Claims: C002–C009, C031–C034.
Conditional result: The request is not prohibited merely because it seeks payment. The amount, authority and consumer nexus still must be accurate.
Required act: Use clear information, identify the supplier in collection documents and avoid coercion or misleading claims.
Adverse branch: A hidden false charge, misleading “court deadline,” repeated disruptive contact or disclosure to others changes the analysis.
Missing facts: Contract, balance, communication history and actual sender authority.
Exact next question: Is every material factual statement in the demand accurate and supported?
H02 — Employer and relative disclosure
Facts: A collector telephones the consumer’s workplace and tells a supervisor and sibling that the consumer “refuses to pay debts,” asking them to pressure the consumer.
Claims: C008–C009, C016–C022.
Conditional result: Deliberate third-party disclosure designed to shame or pressure can constitute exposure to ridicule, embarrassment or coercion and can interfere with work. Criminal classification remains separate.
Required act: Direct ordinary collection to the consumer or authorized representative without unnecessary third-party disclosure.
Adverse branch: A neutral request for a private callback without revealing the debt may not present the same statutory problem.
Missing facts: Exact words, audience, necessity, repetition, workplace effect and caller identity.
Exact next question: What debt information was disclosed, to whom, and for what purpose?
H03 — Collection document omits identifying fields
Facts: A mailed demand states only “Recovery Department,” an amount and a payment QR code. It contains no underlying supplier name, address or CPF/CNPJ.
Claims: C031–C034.
Conditional result: If it is a collection document presented to a consumer, omission of the art. 42-A supplier fields creates a federal compliance issue.
Required act: Include the name, address and CPF/CNPJ of the supplier of the corresponding product or service.
Adverse branch: A document can contain the required supplier information while still failing to prove assignment, current balance or settlement authority.
Missing facts: Full document, underlying supplier, sender role and consumer nexus.
Exact next question: Which identified supplier supplied the product or service from which the alleged debt arose?
H04 — Mistaken demand, no payment
Facts: A collector sends a R$3,000 demand to the wrong person. The recipient pays nothing and immediately disputes identity.
Claims: C032, C035–C039, C046–C050.
Conditional result: The wrong demand may engage information, conduct, administrative or other remedy questions, but CDC art. 42’s double-repayment base is zero because no excess was paid.
Formula:
R$0.00 paid in excess × 2 = R$0.00 under art. 42’s repetition formula
Adverse branch: False public disclosure, coercion or actual resulting loss may raise separate remedies; none is calculated.
Missing facts: Identity match, communications, disclosures and any actual loss.
Exact next question: Did the recipient pay any part of the demand or suffer another separately provable injury?
H05 — Paid excess; no justifiable error established
Facts: The valid consumer balance is stipulated at R$1,000. The creditor demands and receives R$1,500.
Claims: C035–C043, C048–C049.
Calculation:
R$1,500.00 paid − R$1,000.00 valid = R$500.00 excess
R$500.00 × 2 = R$1,000.00 conditional repetition
Conditional result: If the current consumer, timing and objective-good-faith predicates are satisfied and no justifiable error is proved, the statutory double before correction and interest is R$1,000.
Adverse branch: If the charge occurred within a historical pre-modulation branch or a qualifying justifiable error is proved, the outcome changes.
Missing facts: Date of charge, contractual calculation, receipt, payment clearing, public/private service classification and error explanation.
Exact next question: What objectively caused the overcharge, and was that cause consistent with duties of loyalty and care?
H06 — Demand error exceeds the amount actually overpaid
Facts: Valid amount R$800; demanded amount R$1,100; consumer pays R$900.
Claims: C035–C039, C047–C049.
Calculation:
Demand excess = R$1,100.00 − R$800.00 = R$300.00
Paid excess = R$900.00 − R$800.00 = R$100.00
Conditional repetition = R$100.00 × 2 = R$200.00
Conditional result: The double calculation uses the R$100 actually paid in excess, not the R$300 merely demanded in excess.
Adverse branch: If the valid amount was not R$800, the entire calculation fails. If justifiable error is established, the double branch does not apply.
Missing facts: Valid principal, interest, fees, payment and objective error explanation.
Exact next question: What amount was validly due at the moment the R$900 was paid?
H07 — Outsourced collector falsely threatens immediate court seizure
Facts: An outsourced call-center agent says: “A judge has already ordered seizure of your wages tomorrow,” although no case or order exists.
Claims: C011–C015, C017–C026, C051.
Conditional result: The statement can be false, incorrect or misleading and coercive under art. 71. The supplier may also bear responsibility for its autonomous representative’s conduct.
Required act: Communicate the real procedural status accurately and avoid impersonating judicial authority.
Adverse branch: If a genuine court order exists, accuracy, proper service and scope still require verification; a collector cannot enlarge it.
Missing facts: Court record, exact words, collector relationship and creditor instructions.
Exact next question: What official instrument, if any, supports the claimed judicial action?
H08 — Disputed identity, no actual account record provided
Facts: A consumer says the debt belongs to someone else. The collector repeatedly asks for payment but provides no underlying contract, account identifier or identity match.
Claims: C006–C009, C052–C057.
Conditional result: A written challenge and document request are appropriate. No automatic federal collection pause is established here, but continuing coercive collection without verifying a credible identity problem can increase conduct and evidence risks.
Required act: Verify identity, source, amount and authority, and correct communications if the recipient is wrong.
Adverse branch: The consumer may be mistaken or using a different name; evidence must decide.
Missing facts: Contract, identifying fields, source data and collector records.
Exact next question: Which authenticated record links this consumer to this specific obligation?
H09 — Regulated lender versus ordinary private negotiator
Facts: A bank collects its own consumer loan; a separate private debt negotiator communicates with the same consumer about an unrelated creditor.
Claims: C003, C015, C061–C064.
Conditional result:
- Both can be subject to general CDC conduct rules where the consumer predicates exist.
- The regulated lender may have additional BCB relationship duties.
- No current BCB-specific rule is adopted because the operative 4.949 body was not successfully read.
- The private negotiator does not inherit a bank’s regulatory capacity.
Adverse branch: The private actor may actually be a contracted bank representative, correspondent or payment provider; that requires the actual contract and current rule body.
Missing facts: Institutional identity, product, regulator category, contracts and communication role.
Exact next question: On whose behalf, under what instrument and in what regulated capacity did each caller act?
H10 — Frequency, hours and local-law uncertainty
Facts: A collector makes calls at 7:30 a.m., 9:30 p.m. and six times during one workday. No local rule or sector policy has been supplied.
Claims: C016–C019.
Conditional result: This pass cannot apply an invented universal federal hour or numeric call cap. The cumulative facts can nevertheless support coercion or interference with work, rest or leisure.
Symbolic branch:
Lawful federal numeric threshold = unknown because no such threshold was established in the bodies read
Conduct assessment = content + timing + repetition + purpose + consumer circumstances + actual interference + any local/sector rule
Adverse branch: A state, DF, municipal, sector, contractual or court rule may set a more specific restriction.
Missing facts: Consumer location, caller location, complete call history, content, consent, local law and documented interference.
Exact next question: Which jurisdiction and sector govern the communications, and what concrete interference did the pattern cause?
Workflow count: 10 displayed, H01–H10.
G5. P01 D03 old-to-new crosswalk
Literal reviewed row preserved
| Original field |
Literal saved content |
| # |
D03 |
| Named deferred family |
Collection communications and conduct |
| Gateway reference/status |
C003, C047; Deferred |
| Exact next research action |
Open operative CDC collection articles, applicable BCB collector rules and territorial enforcement materials. |
Original coordinator acceptance: explicit_deferred_hold_preserved.
PASS-10 disposition
| D03 branch |
PASS-10 narrow result |
Exact remaining gate |
| Consumer nexus |
CDC arts. 2, 3 and 29 freshly read. |
Actual final-recipient/exposure facts, especially business debtors. |
| Ordinary collection conduct |
CDC arts. 6, 39 and 42 identify clear-information, anti-coercion, anti-ridicule and vulnerability principles. |
Exact communication, audience, frequency and consumer circumstances. |
| Creditor/collector responsibility |
CDC arts. 7 and 34 identify multiple-author and representative responsibility gateways. |
Actual creditor, contractor, instructions, benefit and control. |
| Criminal collection conduct |
CDC arts. 61, 71 and 75 read. |
Criminal intent/culpability, evidence, authorities and procedure. |
| Administrative conduct |
Decreto 2.181 arts. 9, 13(IX) and 18 read. |
Competent locality, procedure and actual administrative record. |
| Collection-document identity |
CDC art. 42-A and Lei 12.039/2009 read. |
Actual document, underlying supplier, assignment and authority. |
| Undue-payment remedy |
CDC art. 42 sole paragraph and published objective-good-faith/modulation judgment read. |
Actual valid amount, payment, date, justifiable error, correction and interest. |
| Tema 929 currentness |
Merits judgment date found; exact thesis still awaiting publication. |
Reopen and read published judgment and any later motions/finality. |
| Generic dispute route |
Written challenge/evidence route and Consumidor.gov limitations described. |
Actual provider participation, documents and competent consumer body. |
| BCB collector rules |
Current Resolução CMN 4.949 public page identified but substantive body not read. |
Obtain a readable official current body before applying institution-specific duties. |
| Territorial enforcement |
National federal/state/DF/municipal competence gateway identified. |
All 27 state/DF and municipal branches remain unexamined. |
| Acceptance |
Narrow federal conduct gateway only. |
No provider, contract, locality, A066/A097/A098, parent or country acceptance. |
Crosswalk count: 13 visible rows—one literal preservation row plus 12 disposition rows.
PASS-10 source register
Access date for all sources: October 26, 2026 PDT / October 27, 2026 UTC.
Exact access clock: Unknown for each source.
| Source ID |
Issuer, title and complete literal URL |
Body read, exact pinpoints, status, commencement and limits |
| C_BR-P10-S001 |
Presidência da República, Lei 8.078, de 11 de setembro de 1990 — Código de Defesa do Consumidor, texto compilado. https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm |
FRESH-READ—OPERATIVE. Arts. 1–3; 6–7; 14; 25; 29; 34; 39(IV)–(V); 42 and sole paragraph; 42-A; 61; 71; 75; 118. Original art. 118: effect 180 days after publication. Current compiled HTML; printed page/PDF index N/A. Full contracts, reporting, overindebtedness and remedies not read. Planalto+4 |
| C_BR-P10-S002 |
Presidência da República, Lei 12.039, de 1º de outubro de 2009. https://www.planalto.gov.br/ccivil_03/_ato2007-2010/2009/lei/l12039.htm |
FRESH-READ—AMENDMENT. Arts. 1–2; inserted CDC art. 42-A and took effect on publication. Signed October 1, 2009; DOU publication October 2, 2009. HTML; printed page/PDF index N/A. Planalto+1 |
| C_BR-P10-S003 |
Presidência da República, Decreto 2.181, de 20 de março de 1997 — Sistema Nacional de Defesa do Consumidor. https://www.planalto.gov.br/ccivil_03/decreto/d2181.htm |
FRESH-READ—OPERATIVE COMPILED. Arts. 1–3; 8–9; 13(IX); 17–18 and §§1–2; 63; 66. Current compiled text includes later procedural amendments. Art. 66: effect on publication; DOU March 21, 1997. HTML; printed page/PDF index N/A. Local intake and full sanction procedure excluded. Planalto+4 |
| C_BR-P10-S004 |
Presidência da República, Lei 13.105, de 16 de março de 2015 — Código de Processo Civil, texto compilado. https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/lei/l13105.htm |
FRESH-READ—EVIDENCE GATEWAY ONLY. Arts. 369, 384, 434 and 1.045. CPC effective one year after official publication. HTML; printed page/PDF index N/A. No court merits, service, damages or enforcement analysis. Planalto+3 |
| C_BR-P10-S005 |
Superior Tribunal de Justiça, AgInt no AREsp 1.954.306/CE, full official judgment. https://scon.stj.jus.br/SCON/GetInteiroTeorDoAcordao?dt_publicacao=24/02/2022&num_registro=202102529760 |
FRESH-READ—PUBLISHED JUDGMENT. Judgment February 14, 2022; official URL publication parameter February 24, 2022. Ementa at zero-based PDF index 0. Reproduced Corte Especial objective-good-faith thesis and March 30, 2021 source publication at index 0; detailed thesis/modulation at zero indices 13–14, internal printed judgment pages 12–13. PDF has 17 zero-based pages 0–16. Not the unpublished 2026 Tema 929 judgment. STJ+3 |
| C_BR-P10-S006 |
Superior Tribunal de Justiça, Tema Repetitivo 929 — Precedentes Qualificados. https://scon.stj.jus.br/repetitivos/temas_repetitivos/pesquisa.jsp?cod_tema_final=929&cod_tema_inicial=929&novaConsulta=true&tipo_pesquisa=T |
FRESH-READ—OFFICIAL CURRENT STATUS, NOT PUBLISHED THESIS. Status Mérito Julgado; merits judgment September 15, 2026; thesis awaiting publication; publication/finality fields blank; last update September 21, 2026. HTML; printed page/PDF index N/A. Exact thesis not adopted. STJ+2 |
| C_BR-P10-S007 |
Superior Tribunal de Justiça, “Mesmo sem novo pagamento, cobrança de dívida quitada pode resultar em devolução em dobro ao consumidor”, February 18, 2020. https://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias/Mesmo-sem-novo-pagamento--cobranca-de-divida-quitada-pode-resultar-em-devolucao-em-dobro-ao-consumidor.aspx |
FRESH-READ—OFFICIAL CASE EXPLANATION. Lines discussing distinction between CDC art. 42, which requires undue payment, and Civil Code art. 940 judicial-demand branch. Not legislation, not a complete current citator and not permission to generalize art. 940. HTML; printed page/PDF index N/A. STJ |
| C_BR-P10-S008 |
Secretaria Nacional do Consumidor, Consumidor.gov.br — Conheça. https://www.consumidor.gov.br/pages/conteudo/publico/1 |
FRESH-READ—OFFICIAL GUIDANCE. Voluntary company participation; direct online dialogue; participating-company response within ten days; not an administrative proceeding and not a replacement for traditional consumer bodies. Live guidance; no legislative commencement. HTML; printed page/PDF index N/A. No search or complaint performed. Consumidor+3 |
| C_BR-P10-S009 |
Conselho Monetário Nacional / Banco Central do Brasil, Resolução CMN 4.949/2021 — official dynamic normative page. https://www.bcb.gov.br/estabilidadefinanceira/exibenormativo?numero=4949&tipo=Resolu%C3%A7%C3%A3o+CMN |
INDEX/FAILED SUBSTANTIVE BODY. The official page was identified but returned only the JavaScript dependency and no readable operative articles. A genuinely different official-document search did not yield a current consolidated 4.949 body. No institution-specific collection duty is adopted. HTML; printed page/PDF index N/A. Banco Central do Brasil+1 |
Displayed source count: 9.
Atomic claim/evidence register
| Claim ID |
Area; actor, predicate, act/effect, exception and hold |
Primary pinpoint and complete URL |
| C_BR-P10-C001 |
A098. PASS-10 addresses only ordinary consumer collection conduct and the narrow art. 42 repayment gateway; no actual debt or party is decided. |
Scope; S001–S009. |
| C002 |
A097. Consumer means natural or legal person acquiring/using product or service as final recipient. |
CDC art. 2, https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto |
| C003 |
A097. Supplier includes public/private, domestic/foreign actors; remunerated services include banking, financial, credit and insurance services. |
CDC art. 3 and §2, https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto |
| C004 |
A097. Persons exposed to the practices in the relevant CDC chapters are equated to consumers for those purposes. |
CDC art. 29, https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto |
| C005 |
A098. Company, proprietor, guarantor or business debt is not classified solely by legal form; actual final-recipient/exposure facts remain required. |
Inference from CDC arts. 2, 3 and 29, same URL. |
| C006 |
A066. Consumer has a right to adequate and clear information. |
CDC art. 6(III), https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto |
| C007 |
A066. Consumer is protected against coercive or unfair commercial methods. |
CDC art. 6(IV), https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto |
| C008 |
A066. Defaulting consumer may not be exposed to ridicule during debt collection. |
CDC art. 42 caput, https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto |
| C009 |
A066. Defaulting consumer may not be subjected to any type of embarrassment, coercion or threat. |
CDC art. 42 caput, same URL. Planalto |
| C010 |
A066. Supplier may not exploit weakness or ignorance connected to age, health, knowledge or social condition. |
CDC art. 39(IV), https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto |
| C011 |
A066. Supplier may not demand a manifestly excessive advantage. |
CDC art. 39(V), same URL. Planalto |
| C012 |
A097. Supplier is solidarily responsible for acts of employees and autonomous representatives. |
CDC art. 34, https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto |
| C013 |
A097. Multiple authors of a consumer offense can be solidarily responsible for consumer damages. |
CDC art. 7 sole paragraph, same URL. Planalto |
| C014 |
A097. Service provider can face CDC responsibility for defective service and inadequate information, subject to statutory defenses and professional exception. |
CDC art. 14, same URL. Planalto |
| C015 |
A097. Collector or debt buyer status and liability depend on actual claim ownership, supplier/representative role and conduct; no universal role follows from its label. |
C002–C014; actual documents held. |
| C016 |
A066. Reviewed federal text creates no categorical all-contact ban covering every employer, relative or third party. |
Bounded reading of CDC arts. 42 and 71, same URL. |
| C017 |
A066. Third-party disclosure aimed at shaming or pressure may constitute prohibited exposure, embarrassment or coercion. |
Inference from CDC arts. 42, 71, https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto+1 |
| C018 |
A066. Collection procedure that unjustifiably interferes with work, rest or leisure falls within art. 71’s criminal text. |
CDC art. 71, same URL. Planalto |
| C019 |
A098. No universal federal numeric call-hour or frequency limit was established in the bodies read; cumulative interference remains actionable under the qualitative rules. |
Bounded federal-source finding; local/sector law held. |
| C020 |
A066. Art. 71 covers threat, coercion and physical or moral embarrassment in collection. |
CDC art. 71, same URL. Planalto |
| C021 |
A066. Art. 71 covers false, incorrect or misleading collection assertions. |
CDC art. 71, same URL. Planalto |
| C022 |
A066. Art. 71 covers another unjustified procedure exposing the consumer to ridicule or interfering with work, rest or leisure. |
CDC art. 71, same URL. Planalto |
| C023 |
A066. Art. 71 states detention of three months to one year plus a fine. |
CDC art. 71, same URL. Planalto |
| C024 |
A098. Art. 61 identifies the following CDC offenses as consumer crimes without prejudice to Penal Code/special laws. |
CDC art. 61, same URL. Planalto |
| C025 |
A097. Participants and specified managers incur criminal penalties according to culpability under art. 75. |
CDC art. 75, same URL. Planalto |
| C026 |
A098. Civil, administrative and criminal classification are distinct; a civil breach is not automatically a criminal conviction. |
CDC arts. 42, 61, 71, 75; Decree art. 18. |
| C027 |
A066. Subjecting a defaulting consumer to ridicule, embarrassment or threat is an administrative infraction. |
Decreto 2.181 art. 13(IX), https://www.planalto.gov.br/ccivil_03/decreto/d2181.htm. Planalto |
| C028 |
A098. Violation of consumer-defense rules can trigger administrative sanctions without prejudice to civil, criminal and specific sanctions. |
Decreto 2.181 art. 18, same URL. Planalto |
| C029 |
A097. Administrative responsibility can reach a person who caused, participated in or benefited from the infraction. |
Decreto 2.181 art. 18 §1, same URL. Planalto |
| C030 |
A098. Federal, state, DF and municipal consumer bodies enforce within their respective competence. |
Decreto 2.181 arts. 2, 9 and 18 §2, same URL. Planalto+2 |
| C031 |
A066. Every debt-collection document presented to a consumer must contain statutory identifying information. |
CDC art. 42-A, https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto |
| C032 |
A066. Required fields are the supplier’s name, address and CPF or CNPJ. |
CDC art. 42-A; Lei 12.039 art. 1, https://www.planalto.gov.br/ccivil_03/_ato2007-2010/2009/lei/l12039.htm. Planalto |
| C033 |
A097. Article 42-A identifies the supplier of the corresponding product/service; it does not itself prove collector ownership, assignment or settlement authority. |
Textual limit, CDC art. 42-A. |
| C034 |
A098. An oral call is not itself a “collection document,” though its conduct remains governed by other provisions. |
Textual classification, arts. 42, 42-A, 71. |
| C035 |
A066. Art. 42’s repetition branch requires an undue charge in a consumer relationship. |
CDC art. 42 sole paragraph, https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm. Planalto |
| C036 |
A066. Consumer must have actually paid an amount in excess for the art. 42 double formula. |
CDC art. 42 sole paragraph; S007 official explanation. Planalto+1 |
| C037 |
A066. Statutory base is twice the amount actually paid in excess. |
CDC art. 42 sole paragraph, same URL. Planalto |
| C038 |
A066. Monetary correction and legal interest are added, but rate, start and amount remain case-specific and uncalculated. |
CDC art. 42 sole paragraph, same URL. |
| C039 |
A066. Double repayment is excepted where engano justificável is established. |
CDC art. 42 sole paragraph, same URL. Planalto |
| C040 |
A066. Published STJ rule ties double repayment to conduct contrary to objective good faith. |
S005 zero index 13–14, https://scon.stj.jus.br/SCON/GetInteiroTeorDoAcordao?dt_publicacao=24/02/2022&num_registro=202102529760. STJ+1 |
| C041 |
A066. Under that published rule, subjective intent is not controlling; objective justifiability is examined. |
S005 zero index 13, same URL. STJ |
| C042 |
A098. For non-public contractual charges, the objective-good-faith rule was modulated to charges after March 30, 2021. |
S005 zero indices 0, 13–14, same URL. STJ+1 |
| C043 |
A098. The published judgment distinguishes public-service overcharges from the modulated private contractual branch. |
S005 zero index 14, same URL. STJ |
| C044 |
A098. Tema 929 merits were judged September 15, 2026. |
S006, https://scon.stj.jus.br/repetitivos/temas_repetitivos/pesquisa.jsp?cod_tema_final=929&cod_tema_inicial=929&novaConsulta=true&tipo_pesquisa=T. STJ |
| C045 |
A098. Tema 929 exact thesis remained unpublished, with no publication/finality shown at the official page’s September 21, 2026 update. |
S006 same URL. STJ+1 |
| C046 |
A066. Mere mistaken demand without payment creates no art. 42 double-repayment base. |
S007, https://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias/Mesmo-sem-novo-pagamento--cobranca-de-divida-quitada-pode-resultar-em-devolucao-em-dobro-ao-consumidor.aspx. STJ |
| C047 |
A098. Civil Code art. 940 concerns a separate judicial-demand branch with distinct predicates; it is not researched here. |
S007 official explanation, same URL. STJ |
| C048 |
A098. Valid principal, interest, fees and costs must be established before identifying an undue amount. |
Factual/legal hold; no unreviewed PASS-04/05/09 import. |
| C049 |
A066. Where only part of a demand is paid, the double formula uses only the actual excess paid. |
CDC art. 42 sole paragraph; arithmetic application. |
| C050 |
A098. A mistaken demand does not automatically establish damages, refund, debt invalidity or criminal liability. |
Distinct statutory predicates; remedies held. |
| C051 |
A097. Supplier responsibility for a representative does not eliminate need to identify the collector’s actual role and conduct. |
CDC arts. 7, 14, 34. |
| C052 |
A098. A written challenge does not automatically pause collection or extinguish the debt under the federal bodies read. |
Bounded source finding; special/local/order branches held. |
| C053 |
A098. No universal Brazilian federal FDCPA-style 30-day validation period was established. |
Bounded source finding. |
| C054 |
A098. Consumer can request clear information and the art. 42-A identity fields; broader documentation depends on another source. |
CDC arts. 6(III), 42-A. |
| C055 |
A098. Parties may use legal and morally legitimate evidence. |
CPC art. 369, https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/lei/l13105.htm. Planalto |
| C056 |
A098. Notarial act may document facts and include electronic image or sound. |
CPC art. 384, same URL. Planalto |
| C057 |
A098. Pleadings are ordinarily accompanied by documents intended to prove allegations. |
CPC art. 434, same URL. Planalto |
| C058 |
A098. Participating Consumidor.gov.br companies commit to respond within ten days; participation is voluntary. |
S008, https://www.consumidor.gov.br/pages/conteudo/publico/1. Consumidor+1 |
| C059 |
A098. Consumidor.gov.br is not an administrative proceeding and does not replace Procon or other traditional bodies. |
S008 same URL. Consumidor+1 |
| C060 |
A098. SNDC includes federal, state, DF, municipal and civil consumer-defense bodies; local competence remains unverified. |
Decreto 2.181 arts. 2, 9, https://www.planalto.gov.br/ccivil_03/decreto/d2181.htm. Planalto+1 |
| C061 |
A098. Official Resolução CMN 4.949 page was identified but substantive current articles were not readable. |
S009, https://www.bcb.gov.br/estabilidadefinanceira/exibenormativo?numero=4949&tipo=Resolu%C3%A7%C3%A3o+CMN. Banco Central do Brasil+1 |
| C062 |
A097. No BCB-specific collection-conduct duty is adopted from an unread body. |
C061; explicit hold. |
| C063 |
A097. Regulated institutions may have additional obligations, but those do not automatically apply to every private collector or adviser. |
CDC art. 3 §2 plus C061–C062. |
| C064 |
A098. OAB representation, court enforcement, public debt, privacy/reporting and sector-specific rules remain separate. |
Scope hold. |
| C065 |
A098. No actual party, communication, debt, payment or locality was reviewed; current authorities must be rechecked before actual use. |
Research boundary and source currentness hold. |
Displayed claim count: 65, C_BR-P10-C001–C065.
Complete granular core coverage
| # |
Required subissue |
Finding / claims |
Status and exact next action |
| P10-G01 |
Ordinary consumer-debt scope |
C001–C005 |
Scoped. Obtain transaction purpose and consumer nexus. |
| G02 |
Natural-person consumer |
C002–C004 |
Conditional. Verify final-recipient/exposure facts. |
| G03 |
Legal-person/business debtor |
C002–C005 |
Unresolved facts. Do not infer CDC status from entity form. |
| G04 |
Creditor/supplier |
C003, C006–C011 |
Answered gateway. Identify actual supplier and debt. |
| G05 |
Employee/internal collector |
C012, C025 |
Conditional. Verify employment and conduct. |
| G06 |
Autonomous collector |
C012–C015, C051 |
Conditional. Obtain contract, authority and instructions. |
| G07 |
Debt purchaser |
C015 |
Conditional. Obtain assignment, balance and consumer nexus. |
| G08 |
Debtor-side adviser |
C015, C064 |
Separate role. Obtain mandate and professional status. |
| G09 |
Regulated lender |
C003, C061–C063 |
CDC gateway answered; BCB branch held. |
| G10 |
Public creditor |
C064 |
Excluded. Identify public-law regime separately. |
| G11 |
Clear information |
C006 |
Answered federal duty. Audit actual statement. |
| G12 |
Coercive commercial methods |
C007–C009 |
Prohibited gateway. Review full course of conduct. |
| G13 |
Exposure to ridicule |
C008, C017, C022 |
Prohibited where established. |
| G14 |
Embarrassment/constrangimento |
C009, C020 |
Civil/criminal gateway. |
| G15 |
Threat |
C009, C020 |
Civil/criminal gateway. |
| G16 |
Exploiting vulnerability |
C010 |
Prohibited gateway. Establish age/health/knowledge/social facts. |
| G17 |
Manifestly excessive advantage |
C011 |
Prohibited gateway. Determine valid obligation and demanded concession. |
| G18 |
Employer communication |
C016–C018 |
Fact-specific inference. Determine disclosure and work interference. |
| G19 |
Relative communication |
C016–C017 |
No blanket ban; shame/disclosure branch applies. |
| G20 |
Co-worker communication |
C016–C018 |
Fact-specific. |
| G21 |
Neutral callback request |
C016–C017 |
Not automatically prohibited. Verify no debt disclosure/coercion. |
| G22 |
False lawsuit statement |
C021 |
Potential art. 71 violation. Verify actual case. |
| G23 |
False seizure/order statement |
C021 |
Potential art. 71 violation. Verify official instrument. |
| G24 |
False arrest threat |
C020–C021 |
Potential coercive/misleading conduct. Criminal classification held. |
| G25 |
Impersonating public authority |
C020–C022 |
Potential violation. Other criminal law held. |
| G26 |
Work interference |
C018, C022 |
Express art. 71 text. |
| G27 |
Rest interference |
C018, C022 |
Express art. 71 text. |
| G28 |
Leisure interference |
C018, C022 |
Express art. 71 text. |
| G29 |
Call hours |
C019 |
No universal federal number established. Check local/sector rule. |
| G30 |
Call frequency |
C019 |
No universal federal number established. Assess cumulative conduct. |
| G31 |
Blanket no-contact right |
C016, C019 |
Not established generally. Check mandate/order/specific law. |
| G32 |
Criminal elements |
C020–C026 |
Statutory gateway only. No actual offense finding. |
| G33 |
Criminal penalty |
C023 |
Read exactly. No sentencing/outcome conclusion. |
| G34 |
Management participation |
C025 |
Culpability-dependent. |
| G35 |
Civil/criminal separation |
C026 |
Answered. |
| G36 |
Administrative infraction |
C027–C029 |
Answered gateway. Local process held. |
| G37 |
Administrative sanctions |
C028–C030 |
Possible after process. No automatic sanction. |
| G38 |
Federal/state/DF/municipal competence |
C030, C060 |
National gateway only. Local bodies unexamined. |
| G39 |
Collection document |
C031 |
Covered. Obtain complete document. |
| G40 |
Supplier name |
C032 |
Required. |
| G41 |
Supplier address |
C032 |
Required. |
| G42 |
Supplier CPF/CNPJ |
C032 |
Required. |
| G43 |
Collector identity beyond art. 42-A |
C033 |
Separate authority question. |
| G44 |
Assignment proof |
C033, C054 |
Not supplied by art. 42-A alone. |
| G45 |
Oral call |
C034 |
Not collection document; conduct provisions still apply. |
| G46 |
Undue-demand predicate |
C035, C048 |
Conditional. Establish valid amount. |
| G47 |
Actual excess payment |
C036 |
Required for art. 42 double branch. |
| G48 |
Double-repayment formula |
C037, C049 |
Answered arithmetic rule. |
| G49 |
Monetary correction |
C038 |
Required by text; amount/start held. |
| G50 |
Legal interest |
C038 |
Required by text; rate/start held. |
| G51 |
Justifiable error |
C039–C041 |
Objective-good-faith inquiry. Obtain cause and controls. |
| G52 |
Subjective bad faith |
C040–C041 |
Not controlling under published post-modulation rule. |
| G53 |
Private-contract modulation |
C042 |
March 30, 2021 publication boundary. |
| G54 |
Public-service overcharge |
C043 |
Different branch. Full public-service doctrine deferred. |
| G55 |
Tema 929 merits date |
C044 |
Verified. |
| G56 |
Tema 929 exact thesis |
C045 |
Unpublished/held. Reopen official judgment. |
| G57 |
Mistaken demand without payment |
C046, C050 |
No art. 42 double base. Other remedies held. |
| G58 |
Judicial demand under CC art. 940 |
C047 |
Separate and deferred. |
| G59 |
Valid principal |
C048 |
Actual contract required. |
| G60 |
Valid interest |
C048 |
Actual rate/source required. |
| G61 |
Fees and costs |
C048 |
Actual source required. |
| G62 |
Partial payment |
C049 |
Only actual paid excess enters formula. |
| G63 |
Third-party collection responsibility |
C012–C015, C051 |
Fact-specific. |
| G64 |
Written challenge |
C052–C054 |
Useful but no automatic pause. |
| G65 |
Document request |
C054 |
Information gateway only. |
| G66 |
Universal validation clock |
C053 |
Not established. |
| G67 |
Automatic collection pause |
C052 |
Not established generally. |
| G68 |
Debt extinguishment from dispute |
C052 |
Not established. |
| G69 |
Evidence letters/emails |
C055, C057 |
Preserve originals and metadata. |
| G70 |
Screenshots/call logs |
C055 |
Potential evidence; authenticity/context matter. |
| G71 |
Notarial act |
C056 |
Optional evidentiary route. No act requested. |
| G72 |
Court document production |
C057 |
Generic CPC gateway. Full procedure held. |
| G73 |
Consumidor.gov response |
C058 |
Ten days for participating companies. |
| G74 |
Consumidor.gov status |
C058–C059 |
Voluntary/nonadministrative. |
| G75 |
Procon/SNDC route |
C030, C059–C060 |
Generic authority only. No complaint filed. |
| G76 |
Current BCB institutional body |
C061–C063 |
Unread/held. Obtain official readable current text. |
| G77 |
OAB, reporting, privacy, prescription, settlement |
C064 |
Separate unreviewed modules. |
| G78 |
Actual outcome/currentness/country acceptance |
C065 |
HOLD. Obtain real evidence and recheck sources. |
Core-coverage count: 78 displayed rows, P10-G01–G78.
Separately named deferred families
| # |
Deferred family |
Exact next action |
| P10-D01 |
Actual debt validity and amount |
Obtain operative contract, ledger, payments and product law. |
| D02 |
Provider fees, cancellation and consumer contract terms |
PASS-04 remains unreviewed and unadopted. |
| D03 |
Prescription, accrual and interruption |
PASS-05 remains unreviewed and unadopted. |
| D04 |
Negative credit-register notice and deletion |
PASS-06 remains under review and unadopted. |
| D05 |
Cadastro Positivo and scores |
PASS-07 remains unreviewed and unadopted. |
| D06 |
LGPD access, deletion, objection and sharing |
PASS-08 remains unreviewed and unadopted. |
| D07 |
Payment, settlement, release and allocation |
PASS-09 remains unreviewed and unadopted. |
| D08 |
OAB legal advice and court representation |
Apply current professional and mandate rules separately. |
| D09 |
CRA/CORECON and other professional permission |
Classify actual technical service and regional requirements. |
| D10 |
Collector or debt-buyer licensing/registration |
No universal rule inferred; classify actor and locality separately. |
| D11 |
Current Resolução CMN 4.949 |
Obtain a readable official operative body and amendments. |
| D12 |
Resolução BCB 155 and payment-institution/consortium relationship rules |
Read current operative bodies for the exact institution class. |
| D13 |
BCB Resolution 494/payment authorization |
Preserve prior payment-regulation hold. |
| D14 |
Client-money custody and safeguarding |
Obtain account title, processor and full funds flow. |
| D15 |
Full civil damages and moral-damages doctrine |
Research injury, causation, standing, limitation and current precedent. |
| D16 |
Civil Code art. 940 judicial-demand remedy |
Research its exact lawsuit, bad-faith and amount predicates separately. |
| D17 |
Tema 929 published judgment |
Reopen after official publication and assess transition/finality. |
| D18 |
Full administrative sanction procedure |
Read federal and competent local procedure and defenses. |
| D19 |
Criminal procedure and other criminal offenses |
Apply actual evidence, Penal Code and competent-authority rules separately. |
| D20 |
Full court enforcement, service and execution |
Read actual CPC title, case, order and procedure. |
| D21 |
Public/tax/support/student/government debts |
Apply each specific public-law collection regime. |
| D22 |
Secured mortgage, vehicle and collateral claims |
Apply security-specific collection and enforcement rules. |
| D23 |
Insolvency, recuperação, falência and court plans |
Determine effect of actual proceeding and stay. |
| D24 |
Superendividamento and statutory repactuação |
Preserve separate CDC/court-process research. |
| D25 |
General privacy and third-party disclosure |
Apply accepted LGPD and sector rules only after review. |
| D26 |
Electronic communications, telemarketing and consent rules |
Read channel- and sector-specific current legislation. |
| D27 |
State, DF and municipal call hours/frequency |
Research all targeted local bodies independently. |
| D28 |
Foreign law and cross-border collection |
No foreign premise adopted. |
| D29 |
Interest, monetary correction and legal rates |
Identify actual obligation, statutory basis and relevant dates. |
| D30 |
Tax consequences of repayment/refund/damages |
Obtain actual transaction and current tax authority. |
| D31 |
Assignment, servicing and creditor authority |
Obtain complete chain and appointment. |
| D32 |
Language and accessibility |
Determine actual consumer needs and applicable rules. |
| D33 |
Actual complaints, private cases and records |
None searched; obtain only under separate authorization. |
| D34 |
Later amendments and exhaustive citator |
Reopen every consequential source at actual use. |
| D35 |
Full Brazil, A066, A097/A098, parent and publication acceptance |
HOLD pending same-coordinator review and remaining components. |
Deferred-family count: 35 displayed rows.
All 27 inherited state and Distrito Federal branches
These names are inherited from the saved P01 territorial inventory. No geography API, IBGE endpoint or fresh territorial enumeration was used. No state, DF or municipality is cleared.
| State / DF |
PASS-10 status |
Exact remaining local issue |
| Acre (AC) |
No local primary body read |
AC call hours/frequency, Procon procedure, courts, assistance and municipal rules. |
| Alagoas (AL) |
No local primary body read |
AL collection-conduct rules, Procon, court and municipal procedure. |
| Amapá (AP) |
No local primary body read |
AP consumer enforcement, communication limits, courts and accessibility. |
| Amazonas (AM) |
No local primary body read |
AM call conduct, remote communications, Procon, courts and municipalities. |
| Bahia (BA) |
No local primary body read |
BA collection rules, consumer authority, courts and municipal assistance. |
| Ceará (CE) |
No local primary body read |
CE call conduct, Procon process, courts and local procedure. |
| Distrito Federal (DF) |
No local primary body read |
DF consumer authority, TJDFT, call restrictions and assistance routes. |
| Espírito Santo (ES) |
No local primary body read |
ES collection conduct, Procon, courts and municipal rules. |
| Goiás (GO) |
No local primary body read |
GO call frequency/hours, consumer enforcement and courts. |
| Maranhão (MA) |
No local primary body read |
MA collection practices, Procon, courts, accessibility and municipalities. |
| Mato Grosso (MT) |
No local primary body read |
MT local conduct limits, consumer authority and courts. |
| Mato Grosso do Sul (MS) |
No local primary body read |
MS call rules, border/remote communications, Procon and courts. |
| Minas Gerais (MG) |
No local primary body read |
MG collection conduct, Procon, courts and municipal routes. |
| Pará (PA) |
No local primary body read |
PA local communication limits, language/accessibility, Procon and courts. |
| Paraíba (PB) |
No local primary body read |
PB collection practices, consumer authority and judicial routes. |
| Paraná (PR) |
No local primary body read |
PR call restrictions, Procon, courts and municipal procedures. |
| Pernambuco (PE) |
No local primary body read |
PE collection conduct, consumer enforcement, courts and municipalities. |
| Piauí (PI) |
No local primary body read |
PI call rules, Procon, courts and accessibility. |
| Rio de Janeiro (RJ) |
No local primary body read |
RJ collection communications, Procon, courts and municipal rules. |
| Rio Grande do Norte (RN) |
No local primary body read |
RN call conduct, consumer authority and courts. |
| Rio Grande do Sul (RS) |
No local primary body read |
RS collection practices, courts and current local interpretation. |
| Rondônia (RO) |
No local primary body read |
RO call conduct, remote access, Procon and courts. |
| Roraima (RR) |
No local primary body read |
RR communication rules, multilingual/accessibility concerns and courts. |
| Santa Catarina (SC) |
No local primary body read |
SC call restrictions, Procon and judicial procedure. |
| São Paulo (SP) |
No local PASS-10 primary body read |
SP call conduct, Procon, TJSP and municipal rules. |
| Sergipe (SE) |
No local primary body read |
SE collection practices, consumer authority, courts and municipalities. |
| Tocantins (TO) |
No local primary body read |
TO call restrictions, Procon, courts and accessibility. |
Territorial count: 27 displayed rows; zero jurisdictions cleared.
Evidence-backed article, checklist and conditional-tool opportunities
| Opportunity |
Supported function |
Mandatory guardrail |
| “What Brazilian collectors may not say or do” |
Explain CDC arts. 42 and 71 with civil/criminal separation. |
No claim that every rude call is a crime. |
| Collection-document checker |
Check supplier name, address and CPF/CNPJ under art. 42-A. |
Does not verify ownership or settlement authority. |
| Communication-conduct log |
Record channel, time, content, audience, repetition and interference. |
No invented universal call cap. |
| False-legal-threat checklist |
Compare claimed suit, judgment, seizure or arrest against actual official documents supplied by the user. |
No private docket search or automatic crime conclusion. |
| Undue-payment calculator |
Compare proved valid amount with amount actually paid and calculate twice the excess. |
Requires consumer nexus, timing, objective-good-faith branch and no justifiable error. |
| Objective-error worksheet |
Record source of error, controls, notice, correction and recurrence. |
Does not decide engano justificável automatically. |
| Written challenge template checklist |
Identity, account, amount, authority, allocation and supporting documents. |
No statement that challenge pauses collection or extinguishes debt. |
| Evidence-preservation checklist |
Letters, headers, screenshots, call logs, protocols and payment records. |
Must respect applicable recording, privacy and access law. |
| Actor map |
Original creditor, assignee, servicer, call center, adviser and regulated institution. |
Role labels do not substitute for contracts and current rules. |
| Route classifier |
Private collection, court enforcement, public debt, reporting, privacy or criminal route. |
Each excluded route needs its own accepted module. |
A safe tool must never state:
- “Collectors may call only X times nationally” without an actual source;
- “Disputing automatically stops collection”;
- “Any incorrect demand earns double damages”;
- “Every third-party contact is illegal”;
- or “an institution-specific BCB rule applies to all debt negotiators.”
Researcher self-check
| Reconciliation item |
Actual result |
| Assigned component |
P01 D03 collection communications and conduct only. |
| PASS-04/05/07/08/09 reliance |
None. Saved but unreviewed and unadopted. |
| PASS-06 reliance |
None required. Review remains in progress. |
| Sources |
9 displayed. |
| Atomic claims |
65 displayed, C_BR-P10-C001–C065. |
| Core coverage |
78 displayed, P10-G01–G78. |
| Deferred families |
35 displayed, P10-D01–D35. |
| Territorial rows |
27 displayed, none cleared. |
| Fictional workflows |
10 displayed, H01–H10. |
| Conditional calculations |
Three: H04 zero-payment branch, H05 R$500 excess/R$1,000 double, H06 R$100 excess/R$200 double. |
| Old-to-new crosswalk |
13 displayed rows, including the literal P01 record. |
| Current primary law |
Current compiled CDC, Lei 12.039, Decreto 2.181 and narrow CPC evidence provisions read. |
| Current STJ rule |
Published objective-good-faith/modulation judgment read. |
| Tema 929 |
Merits judgment identified; exact thesis unpublished and held. |
| Current BCB institutional rule |
Official 4.949 page identified, substantive body unread; no rule adopted. |
| Exact federal call hours/frequency |
Not established. |
| Actual consumer/creditor/collector |
None searched. |
| Actual debt, payment or communication |
None obtained. |
| Named case or docket lookup |
None performed. Only generic official published materials read. |
| Complaint/contact/filing |
None performed. |
| API, Deep Research, Work/Codex, subagents or new chats |
None used. |
| Source-specific access clocks |
Unknown and not invented. |
| Coordinator files |
No write performed or claimed. |
| Model/power |
No self-certified tier, Pro status, quota reset, recovery or measured ranking. |
| Review status |
Not independent review or all-source certification. Same-coordinator review remains separate. |
| Country/publication status |
HOLD. No provider, contract, locality, A066, A097/A098, parent or Brazil-wide acceptance. |
Evidence required for a real collection-conduct assessment
- Complete underlying obligation and account ledger.
- Consumer-purpose facts.
- Current creditor and any assignment chain.
- Collector appointment and instructions.
- All letters and envelopes.
- Full emails and headers.
- Text/message exports.
- Call dates, times, numbers and recordings lawfully held.
- Exact statements concerning lawsuits, seizure, arrest or public authority.
- Identity of every third party contacted and what was disclosed.
- Workplace, rest or leisure interference evidence.
- Collection document showing—or omitting—the art. 42-A fields.
- Amount validly due at each demand.
- Amount actually paid and clearing records.
- Source and explanation of any overcharge.
- Date of each charge for modulation/currentness.
- Applicable institution and current BCB category.
- Applicable state, DF and municipal rules.
- Any actual court or public-debt proceeding.
- Current official Tema 929 judgment once published.
Final disposition: PASS-10 establishes the narrow federal CDC gateway for ordinary consumer debt-collection communications, coercion, threats, false statements, document identification, administrative/criminal separation, actual excess-payment repetition and generic challenge/evidence routes. It does not establish that any real demand is valid or invalid, that any communication is civilly or criminally unlawful, that any refund or damages are owed, or that any provider, collector, contract, locality or Brazil-wide operating model is accepted.
END C_BR PASS-10