Entre privacidade e eficiência econômica: a trajetória da pontuação de crédito no Brasil

• Autor(a) principal: Simão, Bárbara Prado
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional do FGV (FGV Repositório Digital)
• Texto Completo: https://hdl.handle.net/10438/32327
• topic: Credit scoring; Credit rating; Data protection; Pontuação de crédito; Cadastro positivo; Proteção de dados; Privacidade; Avaliação de crédito; Direito; Análise de crédito; Sistemas de credit scoring; Crédito direto ao consumidor; Proteção de dados - Legislação - Brasil

Credit scoring agencies analyze individuals’ personal information and measure the risk degree posed by a person receiving credit or fulfilling a financial obligation. The economic argument behind such systems is that a more accurate analysis of citizens conditions allows banks and financial institutions to reduce interest rates. On the other hand, the development of rating systems also generates controversies related to privacy and data protection. The use of automated methods and algorithms has been criticized due to their opacity and possibility of discrimination against vulnerable groups. In Brazil, credit scoring agencies had their regulatory contours defined throughout the 2000s, while the approval of the Positive Registry Law was being discussed. However, the troubled legislative process around the law evidences these controversies: in 2011 the law was approved, in 2014 there was questioning in the Superior Court of Justice regarding the legality of these systems, and in 2019 a new law on the Positive Registry was approved. , reviewing previous provisions. At the same time, the process of discussing and approving the General Data Protection Law also took place, which also presented provisions on “credit protection” in its final text. Considering this scenario, this research will aim to analyze the process of regulatory construction on credit scores in Brazil, understanding what factors can explain how this legal arrangement was implemented.