The contribution of Brazilian small businesses to the overall economy remains less prominent compared to their counterparts in advanced and other high middle-income countries, which demonstrates an opportunity for this segment to play a more prominent role in the economy. Moreover, there is an acute perception of the urgent need to adopt structural measures to improve the business environment so that MSEs become less susceptible to a breakdown in times of crisis, ensuring minimum employment and income levels in the country. A significant landmark in the creation of an enabling environment for micro and small enterprises was the Microenterprise Statute (Estatuto da Microempresa), promulgated in 1984.
Four years later, the new federal constitution (Constituição Federal, 1988) recognised the central role of micro and small enterprises in the economy.
In 1990, the autonomous small and micro enterprise development agency SEBRAE (Serviço Brasileiro de Apoio às Micro e Pequenas Empresas) was created.
The passing of a Constitution-mandated law (Lei Complementar 123/2006), known as the National Statute of the Micro and Small Enterprises or the General Law for Micro and Small Enterprises boosted formal entrepreneurial activity, because it made it easy for individual micro entrepreneurs (MEIs) to start a legal business entity.
The Brazilian Government offers multiple incentives for national individual micro entrepreneurs (MEI, acronym in Portuguese) and MSEs. Among these, there are special credit lines that are easier to obtain and that help small business grow.
In September 2017, the Decree 9161/2017 was issued to regulate the Programa Nacional de Microcredito Produtivo Orientado, (PNMPO), which provides credit access to small enterprises (Presidência da República, 2017[6]). The MSEs Microcredit Programme decree included the rural productive activities as beneficiaries, increased the gross revenue limit for beneficiaries, and established the methodology for the credit operation – to be conducted by specialized professionals.
As the government works to improve lending conditions for SMEs, Brazil has experienced steady real growth in its government loan guarantees from BRL 6.55 billion in 2013, to BRL 9.44 billion in 2015.
In April 2018, the Chamber of Foreign Trade approved improvements in the MSMEs Export Credit Insurance - eligible criteria, premium price and risk coverage among others. The objective is to boost MSMEs growth by enabling these companies to reach overseas markets and maintain a stable level of exports. MSMEs with gross revenue up to BRL 300 million and exports up to US$ 3 million are eligible to export credit insurance (Executive Secretariat of the Chamber of Foreign Trade, 2018[7]) and there is no minimum transaction amount required to apply. The export credit insurance provides coverage against commercial, political and extraordinary risks, which might impact the MSMEs goods and/or services export transactions either in the pre-shipment or in the post-shipment phases.
As a result of these different credit policies, the number of customers using financial services has increased substantially. In 2010, the national credit registry estimated that 114 million of individuals and 6.5 million of businesses had active credit operations. In 2012, domestic credit to the private sector had risen to 53.3% of GDP, up from 25.5% in 2001. Public banks tripled their share of total domestic credit supply over the same period.
Through the above-mentioned credit programmes, the Brazilian Government aims to overcome one of the main barriers to micro and small enterprise development in the country. Without access to credit at affordable interest rates, small production units remain trapped in the informal sector, relying on subsistence strategies and insufficient resources to address their low productivity and profitability.
Notwithstanding this progress, significant challenges remain in terms of credit and financial service provision. The financial inclusion project, developed by the Central Bank in 2009, therefore established three main goals:
Ensuring that the supply of financial services is adapted to the needs of the public, with more emphasis on savings and insurance instruments;
Promoting transparency in the supply of financial products and extending financial education;
Expanding people's access to financial services.
The Brazilian Bankruptcy Law was amended with specific provisions for MSEs (Law 14112/2020). Taking into account that MSEs account for 60% of the judicial reorganization, the bill establishes different time limits and debt instalment.
In April 2019, the National Congress issued the Complementary Law 167 (Lei Complementar n°167, de 24 de abril de 2019) which creates the Simple Credit Company (Empresa Simples de Crédito - ESC) in the municipalities, aimed to operate loans, financing and discounts of credit securities for MEIs and MSEs. The complementary bill authorises the ESC inclusion in the Simple Nacional regime to benefit from fiscal incentives, in order to facilitate the creation of ESCs and the financing of micro and small enterprises.