Monitorial action is a special type of judicial collection procedure. To file this type of action, the creditor needs to present written proof of his right against a debtor.
By means of a monitorial action, the creditor may charge the payment of a sum of money, the execution of an action to which the debtor had committed or the delivery of a fungible or infungible asset, movable or immovable.
Fungible goods are those that can be replaced by others of the same species, quantity and quality, such as a refrigerator or money itself. In contrast, infungible goods are those that cannot be replaced. Examples are a work of art and a rare collector’s car.
In practice, the monitorial action is mainly used to collect checks and other bills already prescribed, such as promissory notes and trade bills. The limitation period for filing a claim is 5 years, counting from the day after the date on which the title should have been paid.
The monitorial action must be filed in a civil court, since the jurisprudence usually understands that it is not up to the Special Civil Court (JEC) to judge this type of action.
Advantages of monitoring action
Monitorial action is a procedure that was already provided for in Brazilian law since 1995, but before it was not very popular. It was the new CPC (Civil Procedure Code), which came into force in 2016, that made the monitoring action more attractive.
Among the advantages of the monitorial action in comparison with a common process is the possibility for the creditor to speed up the procedure for collecting its credits. It works as a procedural “shortcut”, since, unlike the common procedure, in the monitoring action, the defendant is summoned for payment without a prior conciliation hearing.
The debtor can appeal the decision by presenting monitory embargoes, however, in the event of an appeal, the collection will not have an automatic suspensive effect.
Presenting a written test is indispensable in the monitoring action. However, in the case of verbal contracts, it is also possible to use a documented oral test. For this, the creditor can, for example, file a lawsuit in court before the monitorial action aimed at producing the evidence.
Salary Allowance: what it is, who is entitled, values and current calendar
What is the PIS / PASEP Salary Allowance?
The Salary Allowance is an amount offered to low-income workers every year. The amount can reach a minimum wage.
This benefit is attributed according to the funds of the Social Integration Program (PIS) or the Civil Servants’ Heritage Training Program (PASEP). The first to private sector workers and the second to public sector workers.
The amount of the allowance depends on the number of months worked in the year prior to the calendar, known as the base year, and requires a signed contract for at least 5 years.
In addition, in this base year the minimum number of days worked must have been 30 days. The employing legal entity must have informed the data in the Annual Social Information List (RAIS).
Current Amount of Salary Allowance
For each month in which you have worked more than 15 days, 1/12 of the minimum wage for the year is attributed. Whoever was employed throughout the year receives the amount equal to the minimum wage for the current year.
The benefit is paid according to a PIS and PASEP calendar, shown below. The values of the recipients within this year are as shown in the table below:
|2020 Salary Bonus|
|Number of months worked||Amount of Salary Allowance|
|1||US $ 88.00|
|2||US $ 175.00|
|3||US $ 262.00|
|4||US $ 349.00|
|5||US $ 436.00|
|6||US $ 523.00|
|7||US $ 610.00|
|8||US $ 697.00|
|9||US $ 784.00|
|10||US $ 871.00|
|11||US $ 958.00|
|12||US $ 1,045.00|
Payment is made through Caixa Econômica Federal, for workers in the private sector. Whoever is in the public sector, payment is made at Banco do Brasil.
To withdraw the benefit, the banks inform that it is necessary to present an identification document at the cashier or the Citizen Card in the Caixa’s lottery offices, if the withdrawal is from PIS.
For workers who have active accounts at these banks, the money is automatically made available in the account before the general calendar.
Current Salary Allowance Calendar
The Salary Allowance is allocated on different dates depending on the date of birth of private sector employees enrolled in the PIS. In the public sector, PASEP considers the last registration number of the civil servant.
This year’s calendars can be viewed in the tables below. The deadline for the withdrawal is 30 June 2021.
|2020/2021 PIS Calendar|
|Birth month||Receive from|
|2020/2021 PASEP Calendar|
|End of registration||Receive from|
|6 and 7||02/11/2021|
|8 and 9||3/17/2021|
Withdrawals can be made up to the announced deadline. The money that is not withdrawn is destined to the Worker Support Fund (FAT).
Who is entitled to the Salary Allowance?
The Salary Bonus is granted to employees registered for at least five years in the Pis-Pasep Participation Fund or in the National Worker Register (CNT). This period starts counting from the first formal job.
To be entitled to withdraw from PIS or PASEP, the worker must meet the requirements:
- Have worked for at least 30 days in the previous year (base year);
- Have earned, at most, an average of two minimum wages in this period;
- Be enrolled in PIS / PASEP for at least five years;
- The employer must have correctly informed the data to the Annual Social Information Report (RAIS).
In addition to these requirements, it is worth remembering that the benefit of professionals from companies that are contributors to PIS or PASEP.