Getting Credit in Brazil

The following table summarize legal rights of borrowers and lenders, and the availability and legal framework of credit registries in Brazil.

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Getting Credit IndicatorsIndicator
Depth of credit information index (0-6)Private credit bureauPublic credit registry5
Are data on both firms and individuals distributed?YesYes1
Are both positive and negative data distributed?NoYes1
Does the registry distribute credit information from retailers, trade creditors or utility companies as well as financial institutions?YesNo1
Are more than 2 years of historical credit information distributed?NoNo0
Is data on all loans below 1% of income per capita distributed?YesNo1
Is it guaranteed by law that borrowers can inspect their data in the largest credit registry?YesYes1
Coverage59.223.7 
Number of individuals78,128,60030,131,700 
Number of firms4,461,3202,942,060 
Strength of legal rights index (0-10)3
Can any business use movable assets as collateral while keeping possession of the assets; and any financial institution accept such assets as collateral ?Yes
Does the law allow businesses to grant a non possessory security right in a single category of revolving movable assets, without requiring a specific description of the secured assets ?No
Does the law allow businesses to grant a non possessory security right in substantially all of its assets, without requiring a specific description of the secured assets ?No
May a security right extend to future or after-acquired assets, and may it extend automatically to the products, proceeds or replacements of the original assets ?No
Is a general description of debts and obligations permitted in collateral agreements, so that all types of obligations and debts can be secured by stating a maximum amount rather than a specific amount between the parties ?Yes
Is a collateral registry in operation, that is unified geographically and by asset type, as well as indexed by the grantor's name of a security right ?No
Do secured creditors have absolute priority to their collateral outside bankruptcy procedures?No
Do secured creditors have absolute priority to their collateral in bankruptcy procedures?No
During reorganization, are secured creditors' claims exempt from an automatic stay on enforcement?No
Does the law authorize parties to agree on out of court enforcement?Yes