Post by account_disabled on Mar 11, 2024 22:58:04 GMT -5
The Brazilian Franchising Association (ABF), which officially represents the system with more than 2,500 franchise networks and 162 thousand units across the country, announced its entry as amicus curiae in the action that asks the Federal Supreme Court to apply the IPCA in replacement to the IGP-M as an index that readjusts lease contracts .
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Entity that represents franchises expresses support for changing rent adjustments
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In the ADPF, proposed by the Social Democratic Party (PSD), it is expected that the STF will determine the application of the Broad National Consumer Price Index in replacement of the General Price Index to the readjustment of urban property rental contracts, especially those intended for operation of small and micro-enterprises.
The entity expressed its Portugal Mobile Number List support for the application of the IPCA. ABF highlighted that it had been following this topic since last year, having guided its members in negotiations, especially with shopping centers, and issued a legal opinion that demonstrated the total inadequacy of this index for the rental area.
More recently, the Getulio Vargas Foundation and the Finance consultancy released technical notes explaining the reason for the severe increase in the IGP-M in recent months, corroborating the claim for the inadequacy of this index, even more so in the current pandemic context.
According to the action, in the last 12 months, the IGP-M accumulated an increase of 32%, a value much higher than the IPCA high index, which reflects inflation in Brazil and accumulated an increase of 5.20%. The PSD claimed that the problem demands a "global solution", so that the IGP-M, used due to "real estate sector tradition, and not legal imposition", is replaced by an index that allows inflationary losses to be recovered without leading to unjust enrichment of lessors.
Faced with this scenario, not only ABF, but other class entities asked to join as amicus curiae . With this, the association believes it will be able to provide even more support for evaluating the topic from a franchising perspective .
On the other hand, lawyer Renato Moraes , partner at Cascione Pulino Boulos Advogados, said that, when analyzing the ADPF, although he is in favor of replacing the IGP-M with the IPCA, he understood that the action cannot be accepted.
"The need to change the index is based on infraconstitutional legislation — in this case, article 317 of the Civil Code — and not the constitutional principles mentioned in the initial petition", he added.
ADPF 869