Senate approves payment guarantee for micro-enterprises in contract with government

The Senate approved this Tuesday (5), with a score of 62 votes in favor and three against, the project with the aim of preventing micro and small companies from suffering from lack of payment in contracts with the public administration. Authored by Senator Flávio Arns (PSB-PR), Complementary Law Project (PLP) 137/2019 determines the granting of credit cards to micro-enterprises that have not received payment within 30 days, counting from settlement, for the assets or services performed within the State. The proposal goes to the Chamber of Deputies for analysis.

According to the text, 15 days after the issuance of the microenterprise credit note, and payment has not been made by the public administration, microenterprises and small businesses are authorized to negotiate the title with partner financial institutions.

The issuance must be made by the public administration body. The note will be valid for 12 months and will be subject to global limits and conditions for the amount of securities debt of the states, the Federal District and the municipalities, in accordance with the Constitution.

Rapporteur of the proposal at the Economic Affairs Committee (CAE), senator Oriovisto Guimarães (Podemos-PR) said the law will guarantee that the public administration recognizes its debts.

“The job is done. It is recognized, committed, everything is ready to be paid and the public body simply does not pay. Before, a small business owner could issue a bond and try to negotiate it. But this title has no credibility. The project reverses this obligation: that the public body issues the title recognizing the debt and the micro-entrepreneur can somehow negotiate this on the market, even if it is at a discount”, explained Oriovisto.

Senator Omar Aziz (PSD-AM) warned of the risk of the measure creating space for an increase in default, in addition to encouraging mayors to fail to fulfill their obligations.

“After the service is completed, the city hall will say that it does not have the money to pay. In practice, the departing mayor will, instead of paying, issue this title and give it to the company and the company will negotiate with someone at a discount. We are encouraging city halls not to pay. To commit and not pay,” he said.

In response, Arns reinforced that the issuance of a microbusiness credit card was already foreseen in the National Statute of Microenterprises and Small Businesses (Law 123, of 2006), but its regulation never occurred. In 2014, the instrument was revoked by Complementary Law 147, of 2014, giving rise to situations of State default. Arns maintained that the project seeks to prevent companies from defaulting.

“It happens on many occasions that despite [o valor] be committed and liquidated if the small business owner and micro-business owner do not receive payment from the city hall. The city hall defaults. The person thus has an additional document to receive what was committed and settled”, said Arns.

*With information from Agência Senado