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In recent years, an aggressive and predatory practice has gained momentum in Brazil: the purchase of vehicle debts by finance companies and law firms that act abusively and illegally in the process of searching and seizing assets. Many consumers report the same scenario: after falling one to three installments behind on their financing, they are surprised by court orders and legal intimidation aimed at hindering any possibility of fair settlement of the debt, violating the law and basic rights of citizens.
The Modus Operandi of the "Legal-Financial Scam"
These companies often purchase defaulted contracts from banks, posing as investors, and assume the role of "collectors" with judicial power. From then on:
After just one to three overdue installments, search and seizure proceedings begin, based on Law No. 13.043/2014, which allows for extrajudicial repossession of the vehicle, but disregards constitutional principles such as human dignity and the right to a full defense.
When the consumer attempts to negotiate or settle the debt, those responsible make it difficult to access the settlement amount, do not provide payment slips, and intentionally "buy time" until the legal deadline of five business days established in Article 3, §2, of Decree-Law No. 911/1969, to win and consolidate possession of the vehicle.
After seizure, the vehicles are sold at auctions for excessive profits, and the amounts charged to debtors far exceed the actual outstanding balance, even exceeding the FIPE table, which contradicts established court precedent.
Abusive and Illegal Conduct
Cases like that of the law firm Tattini Advogados Associados, represented by attorney Pedro Roberto Romão (OAB/SP 209.551), demonstrate a serious violation of professional ethics and the Consumer Protection Code. Although their slogan is "Ethics and professionalism in countless cases successfully concluded," what we see in the courts are practices of:
Bad-faith litigation (Art. 80, CPC),
Abuse of rights (Art. 187 of the Civil Code),
Willful misconduct with the intent of profit,
Bad-faith negotiation, preventing agreements that would prevent the loss of the asset.
These practices blatantly violate:
Art. 6, IV, and VI of the Consumer Protection Code, which guarantees consumers protection against coercive commercial methods and abusive clauses;
Articles 5, XXXV, and LV of the Federal Constitution, which guarantee the right to a hearing and full defense;
Article 51 of the Consumer Protection Code (CDC), which declares null and void any contractual clauses that establish disproportionate obligations for the consumer.
Funchal Negócios e Empreendimentos LTDA: Questionable Debt Recovery Practice
Funchal Negócios presents itself as a Brazilian company with over 20 years of experience working with banks, insurance companies, consortiums, and credit unions, providing amicable debt collection and debt recovery services through a contact center and consumer relationship management (funchalnegocios.com.br). According to the company's website, its work prioritizes "respect for human beings," "clear, objective, ethical, and assertive communication," and solutions that rehabilitate and build customer loyalty (funchalnegocios.com.br).
However, several consumers have reported extremely negative experiences on platforms such as Reclame Aqui. The company's reputation is rated "not recommended," with less than 50% response to complaints and an overall average below the expected average. One report states:
"What used to be fast turned into a nightmare... every hour a new agent, who knows nothing about my process... my process hasn't moved forward one bit." Reclame Aqui
Other common complaints include:
Unfair billing and difficulty obtaining updated invoices, even after formal requests to Reclame Aqui;
Excessive telemarketing calls, without consent, pressuring the consumer;
Broken promises and fragmented communication between departments, preventing effective negotiations on Reclame Aqui.
Similarities with the Practice of Tattini Advogados
As in the case of Tattini Advogados Associados, Funchal is also implicated in practices that hinder debt settlement for consumers caught off guard by negative credit ratings or extrajudicial notifications—situations where:
They fail to provide the exact amount of the debt, preventing payment within the legal deadline;
Purposeful delay in negotiations, resulting in consolidation of due dates and eventual repossession of assets;
Inhumane and fragmented actions, lacking transparency or commitment to consumer rights;
All of this contributes to a situation of abuse and frustration, even under the guise of "friendly debt collection."
Consumer Damages: Much More Than Material
The damage goes beyond the lost car. Consumers face:
Material damages: loss of assets even after attempted payment;
Emotional and psychological damage: anxiety, humiliation, fear of legal action;
Reputational damage: undue negative listing, financial and family restrictions.
Recent Reports
Consumer protection forums and social media are increasingly reporting clients being harmed by firms like the one mentioned. Several consumers reported:
“I requested the payment slip and they said they couldn't issue it until a court ruling, then they disappeared. The next day, the car was impounded.”
— Report from a victim in a lawsuit at the São Paulo Court of Justice
“The amount charged was more than double the FIPE table. I was prevented from paying and lost my car, even though everything was documented.”
— Report from a group of injured consumers
How to Protect Yourself and Demand Your Rights
If you are or know someone experiencing this situation, know that justice can and should be sought. Here are the steps:
✅ What the consumer can do:
Document everything – Keep screenshots, audio recordings, protocols, and negotiation requests.
Request payment and the updated amount of the debt in writing.
File a complaint with your state's Consumer Protection Agency (Procon) and on the website consumidor.gov.br.
Contact the Public Defender's Office or a lawyer specializing in Consumer Law.
Request a court injunction to suspend the search and seizure, if it is under negotiation.
Report abusive practices and bad faith to the Public Prosecutor's Office (MP).
"Funchal Negócios e Empreendimentos LTDA, as well as firms like Tattini Advogados Associados, has been the target of complaints for abusive practices in debt collections for defaulted contracts. Although it presents itself as a benchmark in amicable debt collection, consumer reports point to difficulty accessing invoices, fragmented service, unfulfilled promises, and pressure via constant calls—without offering transparency on payment amounts, leading many to undue negative credit ratings and the loss of their assets."
Conclusion
What these companies are doing is not only immoral—it's illegal. This is a veritable debt industry, fueled by loopholes in the judicial system and the lack of effective protection for vulnerable consumers. It is essential that the competent authorities investigate and curb this practice, which is harming thousands of Brazilians.
The public needs to be vigilant, informed, and never silently accept the loss of their constitutional rights.
📣 Report. Publish. Demand your rights.
🛑 DFATOS – The truth needs to be told.
📌 This content is protected by freedom of the press and aims to alert and defend citizens against abusive practices in the legal and financial market.
