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Court Decision on Pasep Failure Recognized Error by Banco do Brasil in Old Earnings and Determined Compensation of R$ 25,000, Opening Precedent for Thousands of Retirees and Public Servants to Review Their Accounts
The Justice recognized a Pasep failure and condemned Banco do Brasil to pay R$ 25,279 to a retiree who noticed a difference in the amounts in his account. The case began when the public servant, upon checking the Pasep balance, found a much lower amount than expected and decided to investigate the source of the discrepancy.
According to lawyer Valter dos Santos, after requesting the statements and microfilmings of the account, he discovered that the earnings that should have been applied over the years were not properly credited. The difference pointed out by a private expert reached over R$ 150,000, which led to the legal action and ultimately revealed severe failures in the fund’s management.
Expert Report Confirmed the Difference and Justice Determined Compensation
During the process, the judge appointed a court expert to redo the Pasep calculations.
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The technical report confirmed that Banco do Brasil had withheld part of the earnings that should have been credited to the public servant, resulting in proven losses.
Based on the numbers presented, the magistrate ordered the payment of R$ 25,000 in compensation.
The decision was issued by the 1st Civil Court of João Pessoa, in Paraíba, and took into account the understanding of the Superior Court of Justice, which recognizes the responsibility of Banco do Brasil for the mismanagement of Pasep accounts.
The judge emphasized that the bank failed to apply the correct adjustment rates, and the losses were evident in the calculations presented by the accounting expert.
Understanding of STJ Provides Legal Certainty to Other Similar Cases
The case follows recent decisions based on Topic 1150 of the STJ, which consolidated three main rules for those seeking to correct errors in Pasep.
The first is that Banco do Brasil is a legitimate party to answer for the failures and undue withdrawals.
The second defines that the deadline to file an action is ten years, counted from the moment the public servant discovers the error.
And the third determines that state common jurisdiction is competent to judge the processes, without the need to resort to federal court.
These guidelines strengthen the position of thousands of retirees and public servants who may have suffered financial losses due to failures in the management of Pasep.
According to estimates, more than 5 million people may have the right to review the amounts, including military personnel, police officers, and dependents of public servants.
Decision Serves as a Warning for Those Who Worked Before 1988
The sentence reinforces the importance of checking old Pasep statements, especially for those who started working before 1988, a period when the program was directly managed by Banco do Brasil.
Many participants never received the due earnings or had undue withdrawals recorded.
Experts warn that the path to recovering these amounts starts with the request for account microfilmings and technical analysis by an accountant.
If inconsistencies are identified, the beneficiary can go to court to demand correction and eventual compensation, as occurred in this case.
Pasep Failure May Affect Thousands of Retirees Nationwide
The judicial recognition of this Pasep failure creates a relevant precedent and increases attention to other accounts that may have similar errors.
Decisions like this have been repeated in several states, consolidating the understanding that the bank must be civilly liable for the damages caused to account holders.
For retirees and public servants who suspect irregularities, this example serves as an incentive to review their balances and ensure that the earned returns over the decades are correct.
Have you checked if the balance of your Pasep is correct or could it have been affected by similar errors?
Sou o advogado carioca, ROSSINI BEZERRA DE ARAUJO, OAB/RJ 53.089, especialista em direito tributário, aplicado na navegação marítima de longo curso, Aduana e Anvisa, com mais de 40 anos de experiência forense. Patrocino dezenas de ações contra o Banco do Brasil visando recuperar ativos titulados de PASEP e PIS contra a CAIXA ECONÔMICA FEDERA, tudo com lastro nas últimas decisões do STJ.
Quanto ao prazo de 10 anos,foi fixado pelo stj,consta no tema 1150,a partir das data da aposentadoria?
Isso é vergonhoso,estou com esse processo na justiça a mais de 5 anos, BB não quer se responsabilizar pelos erros, é por isso q banqueiros toma champanhe todos os dias as custa dos trabalhadores.