Instruction Normative BCB No. 550 of November 14, 2024

Resolution No. 222

INSTRUCTION NORMATIVE
BCB NO. 550, OF NOVEMBER 14, 2024

Amends
Instruction Normative BCB No. 265, of March 31, 2022, to determine the mandatory storage of information regarding direct evaluations of the quality of service provided by the organizational component of the ombudsman to customers and users, dispensing with the transmission of this information to the Central Bank of Brazil.

The Head of the Institutional Service Department, in the exercise of the authority conferred upon him by Art. 23, item I, letter "a" of the Internal Regulations of the Central Bank of Brazil, annexed to Resolution BCB No. 340, of September 21, 2023, based on Art. 18 of Resolution CMN No. 4,860, of October 23, 2020, with the wording given by Resolution CMN No. 5,182, of October 31, 2024,

R E S O L V E S:

Art. 1º Instruction Normative BCB No. 265, of March 31, 2022, shall enter into force with the following alterations:

"Art. 1º .....................................................................................................................

..................................................................................................................................

§ 2º The eventual insertion of other criteria in the evaluation process must be presented to customers or users after items 1 and 2 described in § 1º. (NR)

Art. 2º The institutions referred to in Art. 1º must store the following information regarding each conclusive response to the service provided by the ombudsman:

I - CNPJ of the financial institution;

II - CPF or CNPJ of the customer or user;

III - date and time of sending the ombudsman's response;

IV - ombudsman's response channel;

V - date and time of making the evaluation available to the customer or user;

VI - date and time of the evaluation performed by the customer or user;

VII - evaluation response channel;

VIII - score of item 1 of the evaluation; and

IX - score of item 2 of the evaluation. (NR)

Art. 5º The obligation to store the information referred to in Art. 2º does not apply to institutions not subject to the obligation to establish an ombudsman, as they are not included in the circumstances referred to in Art. 2º of Resolution CMN No. 4,860, of 2020." (NR)

Art. 2º The following are revoked from Instruction Normative No. 265, of 2022:

I - Articles 3º and 4º; and

II - items I and II and §§ 1º and 2º of Article 5º.

Art. 3º This Instruction Normative enters into force on the date of its publication.

CARLOS EDUARDO RODRIGUES
DA CUNHA GOMES

NOTE

Decree No. 12,002, of April 22, 2024, establishes the mandatory maintenance of the normative consolidation through periodic measures of review and consolidation of normative acts.

2.           Based on Art. 13 of the aforementioned Decree, this Instruction Normative aims to alter the provisions of Instruction Normative BCB No. 265, of March 31,  
   

2022, dispensing with the transmission of information, to the Central Bank of Brazil, of the evaluations of the quality of service provided by the Ombudsman. The alteration preserves the storage of said information. The new normative act does not promote substantial alteration of the provisions of the aforementioned Instruction Normative, but only updates the regulatory provisions in order to make them adherent to Resolution CMN No. 5,182, of October 31, 2024, which, in turn, also altered Art. 18 of Resolution CMN No. 4,860, of October 23, 2020, also without substantial alteration of the provision.

3.           Decree No. 10,411, of June 30, 2020, determines, in its Art. 3º, that the issuance, alteration or revocation of normative acts of general interest of economic agents or users of the services provided, by bodies and entities of the direct, autarchic and foundation federal public administration, must be preceded by a regulatory impact analysis (RIA). However, this same Decree lists, in the items of the caput of its Art. 4º, normative acts exempted from the aforementioned obligation, among which we highlight "normative act that reduces requirements, obligations, restrictions, requests or specifications with the objective of reducing regulatory costs" (item VII of said article).
   

4.           Therefore, having in view to dispose strictly on the reduction of the requirement to send information, the hypothesis of exemption from RIA applies to the instruction normative now proposed.
   

CARLOS EDUARDO RODRIGUES
DA CUNHA GOMES
Head of the Department of
Institutional Service